A Sheridan Republican group won’t comply with a Wyoming GOP demand that it stop using the party’s elephant logo on political mailers, instead accusing the state party of infringing on its right to free speech.
The Committee for Better Sheridan County Leadership (CBSCL) responded Monday to a cease-and-desist letter the group received from the Wyoming Republican Party over the weekend, demanding it stop using the Republican National Committee’s elephant logo on its mailers.
In his response, CBSCL attorney Tony Wendtland refers to the Wyoming GOP’s cease-and-desist demand as a “threat” filled with “hyperbolic statements and allegations.” He also called it little more than a “partisan threat” intended to stifle free speech.
“There are no factual or legal grounds here that in any way require or justify the CBSCL to do anything further with respect to its mailers,” he writes.
Wyoming Republican Party legal counsel Brian Shuck sent a short response to Wendtland asking him, “What part of ‘federal trademark’ do you not understand?” citing two trademark laws.
“Before you and your group pilfer someone else’s intellectual property again, you better do your homework,” Shuck writes.
‘Cheney-Loving’
Although Shuck spent most of his original cease-and-desist letter focused on trademark and legal liability issues, he also referred to the CBSCL as “a handful of Liz Cheney-loving, disgruntled liberal individuals.”
CBSCL has been using what the state party says is a trademarked GOP elephant logo on its political mailers promoting local GOP precinct committee candidates.
The “Let's Take Back Our Republican Party” mailer is part of the group’s effort to elect new leadership in the Sheridan County Republican Party. The current leadership is aligned with the leadership of the state GOP.
Bryan Miller, chairman of the Sheridan GOP, told Cowboy State Daily Wendtland’s response lacks awareness of the trademark issue.
“Although it may be that Mr. Wendtland is just trying to muddy the waters to limit liability,” Miller said.
Wendtland argues that the mailers represent the group’s First Amendment right to free speech as a campaign call by a group of Republican electors criticizing their county party’s leadership.
Since he sees the use of the logo as an example of free speech, Wendtland said “there is nothing wrong or damaging about the CBSCL printer’s decision to use a version of the Republican Party elephant symbol” already available as a public domain clipart.
No, I’ll Sue You
Wendtland also said CBSCL could seek potential claims against the party for its cease-and-desist letter, which he asserts could be subject to civil liability as an attempt to infringe on their right to free speech.
Wendtland makes a similar threat as Shuck did in his letter, demanding that the party retain all evidence related to this dispute.
“Your failure to comply with all document and data preservation obligations that now exist may be severe, including monetary and other sanctions,” Wendtland writes.
Although Shuck made accusations about CBSCL not being registered with the state and its donors being liable to legal prosecution, Wendtland said his organization is a nonprofit. Because of that, he argues that any private person who has made or will make a donation to the organization cannot be held personally liable for any claim made against the group.
“Any future effort by your clients or you following your receipt of this letter threatening claims against individuals who made donations to the CBSCL could subject your and/or you to a sanction for knowingly pursuing such personal litigation without a good faith legal basis to do so,” Wendtland writes.
Shuck responded that the use of the elephant would be a federal trademark violation, so all participants in CBSCL would be individually liable.
In 2018, the RNC demanded a California T-shirt company stop putting a version of the iconic Republican symbol on shirts and other merchandise. The party eventually renounced its trademark claims.
Wendtlant’s wife Deb Wendtland is representing a group of people in Cody fighting the construction of a controversial Church of Jesus Christ of Latter-day Saints temple there.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
