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Libertarian Party Trademark Assertions and Enforcement

by on October 2, 2025

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Final Summary of the Conversation

The conversation revolves around your perspective, as Stephan Kinsella, a libertarian theorist critical of intellectual property (IP) laws, particularly trademarks, which you view as unjust state-granted monopolies that infringe on free speech and property rights. The focus is on the Libertarian Party’s (LP) hypothetical or actual use of trademark law, specifically regarding the “Libertarian Party” mark, and whether their actions align with your moral framework of non-aggression. You believe it’s permissible to obtain IP rights (like patents or trademarks) for defensive purposes—e.g., to prevent others from using those rights to block your own use—but offensive enforcement against innocent parties is immoral unless strictly necessary to preserve the defensive utility of the right. The discussion explores how the LP could act morally within the existing trademark system, the risks of non-enforcement, and whether you should resign from the LP’s Judicial Committee and the party itself in protest of their trademark lawsuit against a Michigan affiliate (Libertarian National Committee, Inc. v. Saliba).

Your Views (as Stephan Kinsella)

  1. Moral Framework:
    • IP Opposition: You view trademark law (and all IP) as illegitimate, as it creates state-backed monopolies that aggress against others’ property rights and free speech.
    • Defensive Use Permissible: Registering a trademark is morally acceptable if done solely to prevent others from registering it and using it to enjoin your own use (akin to defensive patent countersuits).
    • Enforcement Limits: Enforcing a trademark (e.g., via lawsuits) is immoral unless it’s necessary to maintain the mark’s validity for its defensive purpose. Offensive suits against innocent parties (e.g., internal dissenters not directly threatening your rights) violate the non-aggression principle.
    • Pragmatic Navigation: While you oppose the system, participating minimally to avoid harm (e.g., losing the ability to use your own name) is justified, similar to using state courts defensively while advocating for private alternatives.
  2. Applied to the LP: You argue the LP should hold the “Libertarian Party” mark to block hostile registrations but avoid aggressive enforcement unless required to preserve the mark’s defensive shield. You suggest alternatives like nominal-fee ($1) licenses with disclaimers to resolve infringements voluntarily, minimizing state coercion.

Key Points of Discussion

  1. Defensive Trademark Strategy:
    • Initial Question: You asked if the LP, agreeing with your anti-trademark stance, could justify a lawsuit against a state affiliate using their mark, and whether non-enforcement (while maintaining registration and use) is viable without risking loss of the defensive shield.
    • Risks of Non-Enforcement: I outlined that never enforcing the mark is legally possible if the LP maintains active use and USPTO filings (declarations of use and renewals). Non-enforcement doesn’t automatically trigger abandonment under the Lanham Act, but risks include:
      • Genericide: Widespread, uncontrolled use could make “Libertarian Party” a generic term, unprotectable by anyone, which achieves your defensive goal (no one can enjoin the LP) but risks voter confusion in politics.
      • Weakening Short of Genericide: Inaction could erode distinctiveness, allowing third parties to challenge the registration via TTAB cancellation for abandonment or loss of source-identifying function. A hostile group might then register a variant or assert common-law rights, though full genericide would block this.
    • Clarification on Genericide: You correctly noted that if the mark becomes generic, no one can re-register it, nullifying the risk of a hostile group using trademark law against the LP. Thus, non-enforcement leading to genericide aligns with your goal of neutralizing the mark’s monopoly without aggression.
  2. Recommended Strategy:
    • Core Approach: The LP should:
      • (a) Register the mark to secure nationwide priority, preventing others from registering it first and suing to block LP use.
      • (b) Default to non-enforcement, avoiding lawsuits or cease-and-desist letters, as this minimizes aggression and could lead to genericide, freeing the term for all.
    • Prudent Safeguard: Selectively offer $1 licenses with quality control (e.g., a disclaimer like “Not an official affiliate of the national Libertarian Party”) to infringers posing a credible risk to the mark’s validity (e.g., if their use invites cancellation challenges). This voluntary contract demonstrates control, reduces abandonment risks, and avoids coercive litigation. A public policy announcing this approach signals principled restraint.
    • Why Prudent?: While pure non-enforcement is viable and morally preferable, minimal licensing mitigates the “long shot” risk of transitional weakening (where the mark loses strength but isn’t fully generic), which could allow legal harassment before genericide is achieved.
  3. The Saliba Lawsuit and Resignation:
    • Context: The LNC sued eight members of a dissenting Michigan affiliate (Libertarian National Committee, Inc. v. Saliba, filed in federal court, with a preliminary injunction partially upheld by the Sixth Circuit in August 2024). The dissenters’ use of “Libertarian Party of Michigan” caused confusion over affiliation and assets. The case settled in November 2024, allowing non-commercial use with disclaimers.
    • Moral Evaluation:
      • Defensive Argument: If the suit was necessary to prevent dilution or abandonment (e.g., to stop widespread confusion risking genericide or cancellation), it fits your exception for enforcement to preserve the defensive shield.
      • Offensive Concern: The suit appears proactive, targeting internal dissenters not directly suing the LNC, suggesting possible aggression to consolidate power rather than pure defense. A $1 license with a disclaimer could have resolved the issue without litigation, aligning with your non-aggressive ideal.
    • Resignation Decision: As of October 2025, no evidence suggests you’ve resigned from the LP Judicial Committee (where you’ve served since 2022) or the party. Resignation would be warranted if the lawsuit was avoidable aggression, signaling opposition to IP hypocrisy. Staying to advocate for minimal enforcement (e.g., via bylaws or committee rulings) aligns with pragmatic reform if the suit was a reluctant necessity. Publicizing your critique either way advances your anti-IP stance.

Where We Ended Up

The LP can morally hold the “Libertarian Party” mark defensively by registering it and avoiding enforcement unless absolutely necessary to prevent cancellation or hostile re-registration. Offering $1 licenses with disclaimers (as you proposed for the Michigan case) is the least aggressive, most principled approach to resolve infringements while preserving the mark, avoiding costly lawsuits like Saliba (which spent ~$100,000). This strategy undermines the trademark system’s coercive nature by steering toward genericide or controlled use without state force. Regarding resignation, it hinges on whether you view the Saliba suit as unnecessary aggression (favoring resignation) or defensive necessity (favoring staying to influence). No resignation has occurred, suggesting you may see reform from within as viable, but public critique remains a powerful tool to align the LP with your principles.

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