Democratic campaign accused of misusing University of Iowa trademark in TV ad

An attorney for Iowa Republican U.S. Rep. Mariannette Miller-Meeks’ campaign has urged the University of Iowa to take action over an apparent trademark infringement by Democratic challenger Christina Bohannan.

Alan Ostergren, a prominent Iowa conservative lawyer and former Muscatine County Attorney, sent a letter of inquiry to University of Iowa Vice President for Legal Affairs and General Counsel James Jorgensen alerting the office to an apparent unauthorized use of a university trademark by Bohannan’s campaign.

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The letter references a recent ad that aired Oct. 19. In the ad, Bohannan wears a black T-shirt with gold, all-capital lettering reading “IOWA” and the phrase “TEAM IOWA” on the back. The ad shows Bohannan, a UI law professor whose expertise is intellectual property law, running on a track and accusing Miller-Meeks of panicking voters about girls’ sports instead of focusing on tougher problems faced by Iowans.

Ostergren, in his letter, states the UI has registered the word “IOWA” in gold lettering with a black background with the United States Patent and Trademark Office, and Bohannan’s use is a violation of federal law that protects registered trademarks from infringement.

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“The mark, with its distinctive font and coloring scheme is instantly recognizable,” Ostergren writes.

The letter encourages the university to “promptly demand that the campaign and the candidate cease and desist from using the university’s trademark in political advertising.”

Ostergren further suggests that the university should consider bringing an action for injunctive relief, which would legally require Bohannan to not use university-affiliated logos. Ostergren also suggested Bohannan’s actions may be a violation of university policies that prohibit the use of any UI wordmarks, trademarks, logos and symbols without express written approval.

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The letter states that Bohannan for Congress does not appear on the list of approved vendors under the University’s Trademark Licensing Program.

“I am confident that no official with the University would approve of a faculty member using the University’s valuable trademark for their own political campaign,” Ostergren states in the letter. “Such would be a serious misuse of public property and contrary to the university’s mission.”

The UI did not immediately respond Tuesday to requests by The Gazette for comment on whether it considers the campaign’s use of the black-and-gold branding with the all-capital lettering “Iowa” and “Team Iowa” an infringement of its trademark, and whether it plans to take action against Bohannan and her campaign.

Jin Suh, Bohannan’s campaign manager, said in a statement to The Gazette that the letter is a “desperate attempt from Mariannette Miller-Meeks to distract from her out-of-touch record that includes pushing a national abortion ban with no exceptions and voting against lowering costs for Iowans while taking millions of dollars from corporate special interests. Christina is the only candidate in this race who's looking out for Iowa families."

The campaign said it has not been contacted by the university about the letter, and contends the T-shirt worn by Bohannan in the ad is a custom design with a unique font.

It notes Miller-Meeks has repeatedly promoted an annual UI-themed fundraiser, including using images of Kinnick Stadium.

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The Miller-Meeks campaign called for the ad to be taken down immediately.

“Christina Bohannan will resort to unethical — if not illegal — measures to prop up her failing candidacy,” the campaign said in a statement Monday. “It is disappointing and shameful that Bohannan appears to infringe on University of Iowa intellectual property in her commercial. The ad — which attempts to distract from her vote to allow biological males to play in women’s sports — should be taken down immediately. The Hawkeyes deserve better.”

The rematch between the two candidates in the Nov. 5 general election is among the most competitive, tightly contested races this election cycle. Several elections forecasters have rated the race a toss-up.

Comments: (319) 398-8499; tom.barton@thegazette.com