In our blog Legal Logo Woes, we told you how the city website clearly states you cannot use the City of Frisco logo in any way for campaigning purposes. Multiple residents complained to the city secretary regarding the obvious infractions by the candidates using the city logo while campaigning, we were shocked the response from the city was it is not their problem. Morrow said, the city does not own the logo, BNSF Railway does. She went on to say the license agreement the City of Frisco has does not address the use of the logo by candidates in city or other elections. Then she ended the city does not have any jurisdiction in the matter.
Makes you wonder why if the city has no jurisdiction and the license agreement the city has does not address the use of the logo by candidates, why would they put a rule on their website and in the candidate packs that clearly states the logo is not legally available for your use during the campaign. The city documents and website 1000% imply the use of the city logo is not allowed. If they can’t enforce the rule why have the rule?
We reached out to BNSF Railway for a comment regarding the complaints. On February 6 we received a note back from them that they had forwarded the issue to their legal department to see what the next steps were for them. Then on February 8, we received an email from Kendall Kirkham Sloan, Director of External Communications that said “BNSF does not endorse political candidates. We are working with the city on the use of the logo.”
We decided to check back to see if BNSF Railway, The City of Frisco, or Wes Pierson, the City Manager would make sure his current sitting council members followed the rules. Attending a city event is fine but “the purpose of campaigning” is when you cross into dangerous territory. For example, the Keating For Frisco website is being used FOR CAMPAIGNING and the point of the site is to get him reelected which is why it is on every campaign printed piece of material. “Learn more at Keating For Frisco” or just click the QR code which takes you to his website. Even though we pointed out the RULE VIOLATIONS back in early February, imagine our surprise to learn Keating still has the City Logo in two different places on his website as of today. Just another way Keating is giving the middle finger to the rules that apply while campaigning.
Then we learned about a Private Meet & Greet held by none other than our first family, Jeff and Dana Cheney. The invite states it is a Mix and Mingle Happy Hour, not the same as a Keg Party, for candidates John Keating, Angelia Pelham and the Safety-First Frisco Vote No PAC. To us, this is a campaigning invite since they are using the “Re-Election” logos that belong to the candidates and the logo telling citizens how to vote for propositions. Surely, we will not see the City of Frisco logo here, right? Wrong!
Several pictures have been posted across social media of the event and it is CLEAR, Angelia Pelham is breaking the rules of the use of the city logo while campaigning. She is wearing her City Council Member Badge with the city logo. Now many would say this is no big deal, but it is because if anyone knows ‘THE RULES’ it is our current city council members who have already been through a campaign in the past. We can prove Angelia knows the rules, just look at previous events like the Frisco Chamber Forum or SLAN Forum, she is wearing her Re-Elect Angelia Pelham badge.
We plan to reach out to BNSF Railway again because their last email to us said they were working with the city regarding the proper use of the logo, so either A) they endorse the candidates or B) they don’t, and they make them stop using a trademark logo that the city does not own while campaigning. It is simple folks, follow the rules, not sometimes, but all the time.
If you have not read our blog from yesterday, Legal Logo Woes then you should. We told you about a citizen who emailed the city and after publishing our blog, we heard from many residents who also emailed the city, and got the same stock answer.
“The City of Frisco does not own the “Frisco” logo. The BNSF Railway Company owns the rights to the logo and has granted a license to the City for the right to use the logo under certain circumstances. The license agreement does not address use of the logo by candidates in City or other elections. Whether a candidate may use the logo or not is a matter of federal trademark and/or copyright law. The City does not have jurisdiction to enforce federal trademark or copyright law.”
The resident did not ask about the trademark of the logo it asked about the city’s rule posted on their website and in the candidate packet stating you could not use the Frisco Logo in campaigning. The city made that rule and published it so the city should be able to enforce it, especially with a sitting council member. Why publish it if you can’t, won’t, or don’t want to enforce it?
We emailed BNSF Railway to ask if the use of the city logo that they own, means and should be interpreted as they endorse John Keating and Angelia Pelham? They responded with we have forwarded this to our legal department. If the answer is no, they do not endorse these candidates, we plan to ask about Mayor Cheney’s use of the city logo in his campaign material in his 2023 election. We will let you know what we hear back!
Is a logo important to your business? Yes, of course it is! Logos are a point of identification; they are a symbol that helps folks recognize your brand. Any smart business is going to trademark their logo so that it cannot be used without permission from its owner. Trademark Infringement is when someone uses another party’s registered trademark without permission. Using a logo without permission can open you up to being sued by the owner of the trademark.
Recently, after a resident reached out to us, with his concern about political signs and the use of the city logo we did some research. Right on the city website, it says: Political Campaign Sign Summary:
The city website is clear in our opinion about the “City of Frisco Logo” not being used in any way for campaigning. That is why we were surprised when a citizen forwarded us an email this morning after he made a complaint to the city secretary regarding his concerns. The email response from Kristi Morrow reads: The City of Frisco has received your sign/logo complaints. Please see the response below regarding the complaints filed.
The City of Frisco regulation states that Election signs may not be posted 90 days prior to the Election. While the word Election can have many different interpretations/timeframes, the City considers the Election to mean the beginning of early voting. This gives all candidates adequate time to properly advertise and get the word out regarding their candidacy.
The City of Frisco does not own the “Frisco” logo. The BNSF Railway Company owns the rights to the logo and has granted a license to the City for the right to use the logo under certain circumstances. The license agreement does not address use of the logo by candidates in City or other elections. Whether a candidate may use the logo or not is a matter of federal trademark and/or copyright law. The City does not have jurisdiction to enforce federal trademark or copyright law.
Interesting response! When it comes to the political signs maybe the city should clarify in the candidate pack what they determine the meaning to be of the word election, which is the beginning of early voting.
As for the city logo, if the city has no jurisdiction over the right to use the logo, they don’t own the right to the logo, then why do they put it on their website that the use of the logo is not allowed? Why do they repeat saying it inside the candidate pack that is given to every candidate to fill out? Yes the candidate pack read, “that the “City Logo is a licensed product and isNOT LEGALLY AVAILABLE FOR YOUR USE.”
After reading the city’s email response that said, BNSF Railway Company owns the rights to the logo and has granted a license to the City for the right to use the logo under certain circumstances, we are curious what are those circumstances? Did John Keating or Angelia Pelham reach out to BNSF Railway for permitted use of the logo in their campaigns? Don’t worry, we did reach out to BNSF Railway. We also filed a complaint regarding the use of the logo in political campaigns with them along with asking if they are endorsing either candidate and if the candidates requested use of the trademarked logo.
Clearly a sitting city council member, especially one’s holding the title Mayor, Deputy Mayor Pro Tem, and Mayor Pro Tem should know the rules. because playing the “oh I am stupid card” just does not work here. If they seriously don’t know the rules after how long they have served on the city council then maybe they shouldn’t be on council.
Jeff Cheney: Council Member 2007 – 2016 and Mayor from 2017 to Present
John Keating: Council Member 2010 to 2016 in Place 4 and 2017 to Present Place 1
Bill Woodard: Council Member 2016 – Present
Brian Livingston: Council Member 2017 – Present
Angelia Pelham: Council Member 2021 – Present
Tammy Meinershagen: Council Member 2022 to Present
Laura Rummell: Council Member 2022 to Present
What is clear, over, and over is that the RULES FOR ME ARE DIFFERENT THAN THE RULES FOR THEE in the City of Frisco. It is such a blatant disregard and nose up at the rules and the residents they supposedly serve. We would think the city would not want to get in to trouble with BNSF so they would make sure to tell a sitting council member to make the needed corrections. The City of Frisco’s policy is clearly stated on their website and in the candidate pack, but if they have no control or enforcement then why is it listed in either place to begin with? We also know that in the past other individuals, political candidates, and some organizations have been told by the city (not BNSF), to stop using the city logo. Why is it okay now and why now are they saying well we can’t tell them what to do? Well, YOU KNOW THEM…it is the city, John Keating and Angelia Pelham!
Campaigning has begun and we are excited to see how the next few months play out. We thought we should educate ourselves on the rules, so we read city’s Political Campaign Sign policy listed on the city website.
Rules 1 & 4 are pretty clear so we decided to look at the candidates social media pages and election websites.
Rule 1: Political signs cannot be placed on any City of Frisco, Community Development Corporation (CDC), or Economic Development Corporation (EDC) property or in a City of Frisco easement.
Rule 4: The City of Frisco logo cannot be used in any way for campaigning including on political signs.
John Redmond website appears to only be one page and has a short intro to who he is and his campaign logo. We could not find any social media pages for him. – Passed Inspection
Mark Piland website does not include pictures of political signs on city property, and it does not contain the official city logo. In a review of his social media, we did not see any violations either. – Passed Inspection
Angelia Pelham currently holds Place 3 and serves as Deputy Mayor Pro Tem. Her website passed inspection. However, her social media did not! On January 17th she held a filing party at city hall. She had several supporters come join her and there are numerous pictures of her and supporters holding Pelham campaign signs on city property and more so in the rotunda of city hall! That is a clear violation of Rule 1 even if it was temporary. The photos also violate Rule 4 regarding the city logo not being used for campaigning because clearly in several photos the official city logo can be spotted. It became campaigning when she turned into a filing party, had her political signs and several supporters wearing t-shirts. The photos appear on her political Facebook page as well as personal page and on Instagram.
We liked her campaign video, she looks good in red and has a catchy slogan. We are a little curious about one portion of the video which shows her standing at the back of the room with Frisco Public Safety officers from both the PD and FD. The video is tagged in the corner with her campaign logo which could give people the impression she is endorsed by either public safety group, which she is not. The picture includes Mark Piland who has announced he is running for Place 1 which made us curious how he feels his likeness in her video? Lastly, when the photo was taken we were pretty sure none of them knew down the road it would be used for campaign video. We are not sure if there is any violation here according to campaign rules or city rules, however one would think before using someone’s likeness, out of respect, you might want to ask them if they are okay with it. Many police departments have rules about offices being photographed and for the purposes they can be used for.
Lastly, we looked a John Keating’s website. He currently serves Place 1 and is the Mayor Pro Tem. We could not view his social media because has blocked us across all channels. Keating’s website is in clear violation of Rule 4. As soon as the page loads you see a picture of Keating with the slogan Promises Made Promises Kept and behind it is a watermark of the official City of Frisco Flag. Then if you scroll down, right after he asks you for your money, you can clearly see the official city logo.
On the “About John” page it shows him standing in the Frisco City Council Chamber up on the dais. This picture was taken on December 4, 2018, the night the council approved a plan for the PGA of America. The picture appears in an article for the Dallas Morning News.
The last page titled “The Mission” has a picture of Keating with the official city of Frisco Logo right behind him, which is again, a clear violation of Rule 4. Then under Public Safety he has a picture with Chief Shilson, Frisco PD which mislead residents of an endorsement that he does not have. Now the picture with Shilson may not be a violation but is misleading.
When it comes to campaigning, rules should be taken very seriously. We could understand how first-time candidates can make mistakes, but if they are running it is their responsibility to know the rules. As for the Deputy Mayor Pro Tem Angelia Pelham, and Mayor Pro Tem John Keating, they have no excuse. If they are serving in the Deputy Mayor Pro Tem and Mayor Pro Tem positions then clearly they should know the rules. Keating has been around since 2011, off and on and if he doesn’t know the rules by now then we may have bigger issues. We go back to why are there rules for thee but not for me? I can guarantee if some of the previous candidates who ran for office committed these violations we would not hear the end of it. The city should also be accountable to uphold their own rules! Email the city council and ask them to uphold to the city rules now and in the future.
We have several concerns about the public works department the department head's relationships with a "certain someone" but we need…
No Kamala is not our Attorney General. As for the posts itself we write about what we can confirm. We…
Kamala is isn’t our Attorney General so we have a chance for fairness. Why is the majority of posts about…
They don’t hire fire fighters because they are too busy giving raises and promotions to other undeserving individuals that should…
Bill is a tool. I never trusted him the moment I met him. Slimeball.