Donald Trump Fights StopTrump.us Website on Trademark Infringement Grounds
Donald Trump is perhaps one of the most divisive presidential candidates in the primary field today, so it is probably no surprise that a website’s entire business centers around a dislike for him. Recently, Trump tried to shut it down. Trump’s general counsel sent a cease-and-desist letter to merchandise site StopTrump.us, threatening legal action if the site did not stop using Trump’s name.
StopTrump.us sold T-shirts and other memorabilia in its own words “as a way to creatively respond to the attacks from Donald Trump to immigrants from Mexico and Latin America.” On the other hand, Trump has a reputation for putting his name on everything from hats to skyscrapers, so he is probably entitled to some level of trademark protection.
However, some experts have agreed that Trump’s trademark infringement claims here had little to no merit. The risk of trademark confusion is minimal because it is unlikely that anyone would think a “Stop Trump” T-shirt might come from the Donald himself. Similarly, an anti-cybersquatting claim would probably be fruitless because users are unlikely to believe Trump owns the website StopTrump.us and because the name may be protected under a fair use exception. Finally, a trademark dilution claim is likely unavailable if the trademark’s use involves “identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner” as is the case here.
In this case, Trump may have succeeded. As of September 30, the home page of the site StopTrump.us was no longer available.
Sources: http://www.huffingtonpost.com/entry/donald-trump-lawsuit-shirts_5602b000e4b0fde8b0d085c6?okdibe29 https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/23/donald-trump-threatens-to-sue-over-stoptrump-us-t-shirts-but-he-doesnt-have-a-case/
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