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5 July 2021TrademarksRory O'Neill

Reagan Foundation sues over ‘Trump-Reagan’ ads

The Ronald Reagan Presidential Foundation and Institute is suing a political action committee (PAC) over its use of the late president’s name and likeness.

In a lawsuit filed at the US District Court for the Central District of California, the foundation accused Political Media, a Virginia company which describes itself as a “right-of-centre consulting firm”, and the Constitutional Rights PAC (CRPAC) of trademark infringement.

The claims arise out of an advertising campaign run by Political Media and CRPAC, which share a president and CEO, inviting people to join the “Trump Reagan club”. For a monthly donation, a website listed on the advert offers users a @trumpreagan.com email address. The advert features the image of both Donald Trump and Reagan, although the website is not believed to be linked to Trump. At the time of publication, the website says it is “temporarily offline”.

The Reagan foundation, which operates the Ronald Reagan Presidential Library and Museum in California, says it owns the exclusive rights to the former president’s name and likeness. “President Reagan was aware that commercial enterprises and politically motivated persons and entities would attempt to appropriate his name to sell products or imply endorsements. President Reagan took steps to ensure that the foundation, as the institution he chose to preserve and protect his legacy, would have the right to protect his name and likeness and prevent unauthorised and unlawful uses,” the complaint said.

According to the foundation, the ‘Trump-Reagan club’ advertised online is trading off a  “false” association with both former Presidents, and exists as nothing more than a “gimmick to sell email addresses and solicit money for defendants’ purposes”.

“Defendants’ use of President Reagan’s name and image in connection with the Trump Reagan website and defendants’ business activities and sale of email addresses is knowing and clearly intended to foster an association with President Reagan and to create the impression on the part of potential customers that defendants’ products and services are endorsed by the Reagan Foundation as the owner of President Reagan’s name and image,” the complaint said.

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