In Libertarian National Committee, Inc. v. Saliba, the US Court of Appeals for the Sixth Circuit followed the Supreme Court’s Jack Daniel’s decision in finding that the First Amendment does not preclude application of the Lanham Act’s traditional likelihood of confusion test when the defendant is using an allegedly infringing political party name to identify the source of its services.
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Use of Political Party Name as a Source Identifier Not Protected by First Amendment: Sixth Circuit
