Q: Am I able to print a Political yard sign with a Picture of Donald Trump and/or his Make America Great Again slogan?
If not, can I use a hand-drawn silhouette of his face?
A:
There are a few potential copyright and trademark issues to consider here:
The "Make America Great Again" slogan was trademarked by Donald Trump for use in his political campaigns. Using it on yard signs without permission could be considered trademark infringement.
A photograph of Donald Trump may be copyrighted by the photographer who took it. Using that photo without a license or permission could be copyright infringement. However, using a hand-drawn illustration or silhouette that you created would avoid copyright issues, since you can't infringe your own copyright.
There are also publicity/personality rights to consider - Trump could potentially argue that using his name and likeness for campaigning implies a false endorsement or affiliation.
That said, there are potential First Amendment/political speech defenses if this is a genuinely expressive political sign and not a commercial product. Parody and transformative uses also have more leeway.
The safest approach would be to use your own hand-drawn illustration rather than a photo, and to express your political message without using Trump's exact trademarked slogan. Something like "Make America Great" with your drawing would be lower risk.
But if you're concerned, consult an intellectual property attorney. They can evaluate the specifics of your use and give you a more definitive risk assessment. Political speech does have strong protections, but directly using trademarks and photos could still open you up to legal issues. Tread carefully and get professional advice for your particular case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.