Legal Logo Woes

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 is NOT 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!

1 Comment

  1. Anonymous

    Dana Beard is the keeper of the logo. Perhaps you should ask her a few questions.

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