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"Gossett, a Wichita Falls insurance agent, filed a suit against the Republican National Committee and a marketing supplier, the Kentucky-based Spalding Group.
It alleges a design widely used during President Bush's 2004 campaign, usually on bumper stickers, was "an unauthorized work or a derivative work" using Gossett's registered materials.
Gossett's design features a W - as in President George W. Bush - with an attached American flag waving to the right.
"I got the idea when I saw the pictures of firefighters at Ground Zero putting the flag up," Gossett said.
A "43" sits to the right of the flag in Gossett's "Rally Symbol" in honor of Bush, the 43rd president.
The U.S. Copyright Office's Web site shows the Rally Symbol was registered in October 2001.
A Web site - georgew43.com - was set up to sell ball caps, bumper stickers and other merchandise bearing the symbol.
Gossett also envisioned it as part of Bush's 2004 presidential run.
The suit details attempts Gossett made to introduce the idea into the political arena:
- He met with a representative of the RNC in Austin in November 2001 and left samples "to determine if the Rally Symbol would sell." The document said if things went well, the material would be added to the RNC Web site.
- Gossett also met with a representative of the Spalding Group at the same event and was told the group "was not interested in use of the Rally Symbol."
- Gossett met in 2003 with the chairman of the RNC, who expressed "a great interest," but needed to clear use of the design with the legal department. About two weeks later, a letter told Gossett the RNC could not purchase anything because of existing contractual obligations.
But a couple of months later, Gossett ran across a design similar to his on Republican letterhead. The suit claims that symbol was "distributed and sold to the public through the RNC Web site and through the Spalding Group Web site ..."
That design, which The Associated Press reports was produced by Spalding, is rounded while Gossett's is rectangular. Spalding's reads "W '04" while Gossett's says "W 43."
That's merely changing one number and moving another around, said Scott Hemingway, Gossett's attorney.
"It turned into an iconic symbol for the entire campaign," he said.
"The W with the flag on it is the thing that is the main factor," Gossett said.
The suit claims copyright infringement, misappropriation, unfair competition and civil conspiracy. It seeks unspecified damages.
"Just justice," Gossett said, "just simple justice." He said three years of his life were wrapped into the material at the heart of the lawsuit.
The RNC and the Spalding Group denied any wrongdoing, an Associated Press article said.
"From our perspective, this lawsuit is frivolous," RNC Press Secretary Tracey Schmitt said.
"It's a tragedy that the Republican Party and their supplier would treat Jerry in such a manner after originally indicating enthusiasm for his product or design," said Wichita Falls attorney Bill Altman, who is also representing Gossett.
Hemingway said they sent letters to the RNC and Spalding when the suit was filed asking if they could show evidence of independently produced designs.
Instead, he said the response was basically " 'You're trying to claim ownership of the simple letter W,' " and separately the American flag.
"That's not what we're saying," Hemingway said.
Gossett said his intent has never been to take anything away from Bush. The President had nothing to do with the lawsuit, he said.
"I'm a Bush supporter," he said.
In fact, the Rally Symbol led to a meeting with the president.
"He said, 'I love your caps. I see them everywhere,' " Gossett said. "He's aware of the caps. He's autographed a couple of them for me." "
FROM
http://www.timesrecordnews.com/trn/local_news/article/0,1891,TRN_5784_3710970,00.html
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