Thursday, February 20, 2014

Proposal #26: Protect Party Name Rights for Affiliates

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Alicia Mattson.


  • Problem: Though the LNC has a registered trademark on the name "Libertarian Party", and though the bylaws already state that no organization may use that name except an affiliate party, the reality is that intellectual property laws are quite complex. If the LNC were to disaffiliate an existing affiliate for cause and constitute another affiliate in that same state, a state government might allow the previous affiliate to continue to use the name and require that the new affiliate place candidates on the ballot with a party label other than "Libertarian Party."
  • Solution: Increase the likelihood of the national party being able to successfully protect the use of the name for our current affiliates by having all affiliates sign agreements that the national party owns the name.
  • Benefits:

Bylaws of the Libertarian Party

ARTICLE 6: AFFILIATE PARTIES

  1. No person, group or organization may use the name "Libertarian Party" or any confusingly similar designation except the Party or an organization to which the Party grants affiliate party status or as otherwise provided in these bylaws. At any Regular Convention, no delegates may be seated from an affiliate that does not have on file with the Party a signed and notarized agreement that acknowledges the Party's exclusive ownership of the name "Libertarian Party". The National Committee shall adopt such a standard agreement to be used by all affiliates.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

2 comments:

  1. We will refuse to sign this and will simply leave the party. I can guarantee that given my knowledge of the attitudes of my members here.

    Disclaimer:
    The Libertarian Party of Oregon has an unresolved legal dispute with the LNC Inc resulting from their hiring of the Oregon Republican Party’s Lawyer, then sponsoring his litigation against us to through signing a conflict of interest release in pursuing an agenda of replacing our state party leadership through a sponsored coup, initiated by officers of the LNC at the time and composed of current members of the bylaws committee. Further our delegation was not seated in 2012 due to a poisoned credentials committee which included several of the plaintiffs in the dispute and the Chairperson of the LNC at the time was willing to allow that committee to violate the bylaws and their authority under RROR at the Las Vegas Convention.

    You may consider my statements on this matter bias or experience depending on your disposition.


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  2. You can't own an idea. There is no such thing as "Intellectual Property" playing with ourselves here won't help establish a libertarian society nor elect Libertarian canddiates. Oppose this even beng brought to the floor.

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