Shaler Area School District sues school board candidate over use of Titan logo
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A candidate for Shaler Area School Board is being sued by the district for trademark infringement after he used its Titan logo in his campaign materials during the spring primary election.
Kenneth Klinvex used the Titan head logo on yard signs and in social media posts during his successful primary race for Region 2 school director, according to the lawsuit filed in Allegheny County Common Pleas Court.
The lawsuit, filed in June, seeks an injunction against Klinvex to prohibit him from using the logo in campaign materials leading up to the general election in November.
“Having previously demonstrated a purposeful disregard of the school district’s trademark rights, absent injunctive relief, Klinvex likely will continue to use the Titan Head logo and/or a deceptively similar insignia during his continued election campaign,” the complaint said.
On May 4, the school superintendent sent a letter to Klinvex asking that he stop using the logo, which has been trademarked with the Pennsylvania Department of State.
“Please discontinue all unauthorized uses of the trademarked Titan Head Logo, including but not limited to social media pages, print materials and yard signs,” wrote Superintendent Sean C. Aiken. “We believe that your use of the Titan Head Logo could likely cause misrepresentation in relation to distribution, advertising and identification.”
Although Klinvex did alter the appearance of the logo on some yard signs, the complaint said, it was still similar to the district’s logo. In addition, on primary election day on May 18, Klinvex posted on social media with the signs that featured the logo.
“The school district did not authorize and has not authorized Klinvex to use the Titan Head logo as part of his campaign or for any other purpose,” the complaint said.
When the district obtained the trademark for the logo, its intended use was listed for “educational services,” including academic, extra-curricular, athletic and other groups that are “officially recognized by the board of school directors.”
In addition, a 2011 district policy said that the logo is to be protected from unauthorized use.
“The intent of the trademark and insignia protection is to not have third parties not officially approved by the board of school directors, to use our registered Titan Head logo without authorization by the school district,” the lawsuit said.
Matthew Hoffman, who represents the school district, said that they are still trying to resolve the dispute with Klinvex.
Brad Funari, who represents Klinvex, agreed, saying that his client understands that, if elected, he will have to work with the members of the board.
Still, the attorney said, Klinvex has a strong defense to the lawsuit, in what is called nominative fair use.
Under that principle, Funari said, there is no likelihood that the public would likely be confused by how the trademark is being used.
In this case, he continued, Klinvex is running for office in the district that holds the rights to the logo, therefore there is no possibility of confusion.
Funari also noted that local stores in the community sell merchandise with the Shaler logo on it that is not licensed, which means the district does not have a history of protecting its trademark.
Michael Madison, who teaches trademark law at the University of Pittsburgh, said that there is no clear right and wrong in an issue like this. Traditional trademark law is designed to ensure consumers aren’t deceived or confused by the misuse of a trademark. But in this case, there is also the important question of free speech and campaigning for public office.
Madison presumes that the school district sued because Klinvex’s use of the Titan logo makes it appear that the school board is endorsing him. But the question, he continued, is, “What do people actually think?
“I, personally, think that’s a little too far-fetched.”
Madison said this case is unusual because the school district is reaching into the constitutionally protected space governing elections and free speech.
“The world of trademarks becomes complicated quickly when you have some of these free speech issues involved.”