{"id":29,"date":"2008-07-21T23:59:49","date_gmt":"2008-07-22T05:59:49","guid":{"rendered":"http:\/\/cafeshoppe.com\/TeeHee\/?p=29"},"modified":"2008-07-21T23:59:49","modified_gmt":"2008-07-22T05:59:49","slug":"the-elephant-lives-rnc-backs-down-on-cease-and-desist-order-to-cafepress","status":"publish","type":"post","link":"http:\/\/cafeshoppe.com\/TeeHee\/2008\/07\/21\/the-elephant-lives-rnc-backs-down-on-cease-and-desist-order-to-cafepress\/","title":{"rendered":"The Elephant Lives! RNC Backs Down on Cease and Desist order to Cafepress"},"content":{"rendered":"

RNC Crumbles under pressure and agrees to allow Cafepress shopkeepers to use the GOP acronym and elephant logo on T-shirts, stickers and other merchandise. Sort of. The exception being any designs that are only the acronym \u201cGOP\u201d or stylized Elephant which the RNC is demanding Cafepress shop owners secure a license from the committee. Levy, who says this agreement is the result of recent RNC and CP negotiations, expected the licenses would be free.<\/p>\n

According to the blog, <\/a>Wired<\/a>, “<\/strong>The agreement<\/a>, (.pdf) for example, would not require a license to sell a shirt with a design portraying a GOP-trademarked elephant trailed by two smaller elephants and the words, “I’m raising my children right<\/a>.” Before the deal, the committee maintained such a depiction was a trademark violation.“<\/strong><\/p>\n

According to a letter from Paul Alan Levy, Public Citizen Litigation Group, “Cafepress is prepared to send notices to those users …whose designs consist solely of your trademarked elephant design or the letters GOP, either with nothing else in the design or with nothing in the design besides non-expressive borders (such as a dark circle).” He continues the letter with,”We make this proposal even though we do not agree you have the right to demand licensing for these purposes, just as you do not agree that Cafepress can escape liability without licensing…”<\/p>\n

What is Cafepress saying about the recall of this C&D?<\/h2>\n

According to the CPBlog<\/strong>:<\/a><\/h3>\n

We figured that there\u2019s got to be something in our Constitution<\/a> that would guarantee our shopkeepers the right to speak openly about political issues\u2026 <\/span><\/p>\n

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The RNC wanted us to remove designs<\/a> that were both supportive of Republicans and critical of Republicans.<\/span><\/p>\n

After this story hit the press<\/a>, the RNC agreed to retract its threats of trademark litigation on the following terms:<\/span><\/p>\n