Some folks have nothing better to do than to make mountains out of molehills, especially when it comes to honest mistakes made by first-time candidates. Such is the case here. Bobby Mathieson’s career in law enforcement spans 30 years – he served as a Virginia Beach police officer for 26 years, nine months, to be exact – and he rightfully uses his badge in his literature. The Virginia Beach badge includes in its center the seal of the city, which is trademarked. As such, it cannot be used without permission.
Of course, somebody out there brought to the attention of the City Clerk that Mathieson was using the seal without permission. A letter was issued – which Mathieson has not even received – requesting that the badge either be removed or the city seal obscured.
The copy of the badge you see in this post was just obtained from Mathieson’s website. So even though he hasn’t gotten the letter, the Mathieson campaign has already complied. End of story.
Somebody must be really nervous about the Mathieson campaign. Keep on doing what you’re doing, Bobby. You’re gonna win this thing!
Let’s make sure that Bobby gets the win he deserves. Contribute and volunteer today!
Technorati Tags: Bobby Mathieson
VIVIAN J. PAIGE | All Politics is Local 
Brian, the best thing you could do for yourself is to stop talking. (It would, of course, also be doing the rest of us a great favor.)
~
The city Seal is “trademarked”? Does the Clerk mean registered as a trademark? Or service mark? Where? Certainly not with the US Patent and Trademark Office. (Perhaps with the SCC – no search facility seems to be available). This letter strikes me as pretty poorly written – and that the author likely isn’t all that familiar with the actual authority of the City to request that Mathieson’s use stop.
Given the prominence of the use of the badge, there may well be a valid concern on the part of the City. But it certainly isn’t very well expressed in the letter. If I were Mathieson, I’d ask the City Attorney (or whoever the city’s highest lawyer is) to explain it in detail.
To answer my own question, and correct myself – there is, in fact, an online database of VA registered marks. This is the City Seal. This doesn’t affect the rest of my comment, though.
To take this slightly off topic, I am surprised at and curious about why Brian would think Vivian was non-partisan? I always thought she was a moderate Democrat. Her reputation is one of fairness and civility. And possibly moderation and centrism.
And Vivian, you need no help defending yourself. As always, you are accurate and on target. And Brian, unfortunately, as always, misses the mark and throws in ad-hominem, irrelevant attacks. And ends with “typical…”
I wish he’d at least find a different insult for us. “Typical liberal” and
“typical Democrat” are, after all, getting boring.
Thanks, MB & AIAW. (BTW, MB – can’t get your link to work.)
Fess up, Brian. You’re the one who called the city in the first place to complain. And the fact that the letter may or may not be “public information” still doesn’t explain how you got a copy before it was received by the addressee. You must have been calling there every day to see if it was mailed yet, so that you can claim “public information.” Like I said, you tipped your hand on this one.
I notice how you conveniently ignored the fact that I refuted your charge of Ds not talking issues.
The rule of holes: when you’re in one, stop digging. Time for you to stop digging, Brian, as you’re in a pretty deep hole.
J – you are right. Transportation has taken so much energy that little else is being discussed. As big an elephant in the room as transportation is, there are a number of other issues that need to be discussed.
#15. Brian: “I had heard after the fact that the letter was sent, so like any citizen, I called, asked if it was true, and asked if I could have a copy.”
Notice how Brian scrupulously avoids telling us HOW he “heard” that the letter “was available,” just as he scrupulously avoids mentioning who made the original petty, groundless complaint. Again, that can be determined with a simple FOIA request.
Unscrupulous Republican hatchet men like Brian who engage in baseless smears are a major reason why good people like Mathieson are reluctant to run for public office. In the absence of these good people, we are unfortunately left with bad people, ineffective people, even incompetent people, yes, people like …. “Doctor” John Welch.
And now Brian is claiming that he acted “like any citizen.” No, Brian, you acted like a shameless shill, as did the person, if it was anyone other than you, who made this ridiculous complaint. Do you have kids, Brian? Is this what you’re teaching them about “citizenship?” That it’s okay to engage in this kind of pathetic attempt to deflect attention from one’s own incompetence by smearing a retired police officer, a man EARNED that badge by serving the public for decades? You and “Doctor” Welch have insulted every police officer with your shameless, groundless mud-slinging.
I love how someone named “spotter” whines and wants every detail from me. I’m not telling anyone who called me, just like any blogger wouldn’t. Vivian wouldn’t reveal her sources either.
And the fact that you want to bring my family into this is a disgusting low.
Mathieson’s campaign violated a trademark. They were told to stop. I don’t know why you are all revved up that I brought it to your attention.
I wouldn’t expect you to tell, Brian. Otherwise, you’d have to break your double-secret vow of silence, and they might take away your decoder ring. And you have no call, no call whatsoever, to talk about anybody’s “disgusting low.” You and Welch define that term, Brian.
And Brian retreats to a blog he can control. More desperation from the desperate Republicans.
I do hope someone gets Brian some grammar check software. The contraction for “you are” is “you’re” not “your”. An honest mistake with his 24/7 typing, but that software should help.A better choice might be for him just to give it a rest.
I made the mistake of reading Boring Drip and found this today.
“Violated a trademark”? Brian, seriously – shut up. You’re violating my hope that there’s more intelligence than not over there at Bearing Drift (why Jim Hoeft puts up with you is beyond me).
THIS is the statute that Welch and Brian and their slimey ilk claim was violated by a retired police officer DISPLAYING HIS OWN BADGE:
§ 59.1-92.12. Infringement. — … any person who:
1. Uses in this Commonwealth, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter or prior law in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source or origin of such goods or services; or
2. Reproduces, counterfeits, copies or colorably imitates a registered mark and applies such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used in this Commonwealth in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive, shall be liable in a civil action by the registrant for any and all of the remedies provided in § 59.1-92.13, except that under this subdivision the registrant shall not be entitled to recover profits, damages, or attorneys’ fees unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.
Sale? Distribution? Goods? Services? Confusion? Likely to deceive? Does any of this sound even remotely applicable, or is Brian just off on one of his usual detours?
A retired police officer displayed HIS OWN BADGE, given to him by the City of Virginia Beach in recognition of decades of service to the public. Does that sound like a trademark violation under this statute? Or is there no low, none whatsoever, to which Welch and Brian will not stoop in insulting a law enforcement officer to enhance their failing campaign?
If a candidate films a campaign commercial standing next to a state flag, which contains the trademarked Seal of the Commonwealth, has she violated this statute? If so, you will need to immediately arrest Thelma Drake, who has done this very thing. If my kids stand at the top of Mount Trashmore, and I take a photo of them above the City seal, must I ask the permission of the City Clerk to display it? Or are Welch and Brian and their dwindling number of supporters just willing to do anything at all to deflect attention from their many, many failures?
Someone brought Brian’s family into this?? I didn’t read anything about circus carnies . . . .
Give me a break Brian. No one said a word about your family. I swear I have never heard anyone whine so much in my friggin’ life. It’s like listening to an Air Supply record.
ANYTIME anyone says anything at all that Brian disagrees with he whines like a little wee-wee in the sand box. As I mentioned previously, watching Brian whine and kick and scream is like watching a baby play in his diaper and rub his own poop all over himself.
Brian talks a big game, but he NEVER backs anything up. I wonder why, if he was so concerned about the badge issue, why not just call Mathieson and ask him about it? Let me guess . . . that would be the manly thing to do. And we all know, Brian is way in over his head when it comes to doing the decent or manly thing.
Confronting a retired police officer with over 30 years service is more than a Sally-Boy like Brian could ever hope to handle. It would require owning a set of olives that he obviously ain’t got. It’s much easier to sit behind a blog and throw stones at Vivian and Mathieson. Too bad some of the Republican candidates who have been stuck with him didn’t realize it in time.
Hard to believe this wuss is almost 40.
Someone give Pat a drink, for this.