Update [2005-12-1 18:26:1 by maryb2004]: — well the Democrats must have gotten wise because they came to an agreement.

Ousted Alderman Tom Bauer can continue to use a donkey on campaign material so long as it is not next to the word “Democrat” under terms of a settlement reached in court today.

and it goes on:

. In court today, both sides agreed that Bauer can use the donkey image because it represents Scotty, an actual donkey that Bauer campaigned with before the animal died a few years ago.

In court papers, Bauer called Scotty a “gentle” animal whose “spirit continues in support of his friend.”

Or maybe it is because

The donkey “has been a recognized symbol of the Democratic Party nationally for 125 years or more,” the lawsuit says.

The suit does not allege any copyright or trademark infringement but does say that the donkey is the “certified emblem of the Democratic Party in Missouri.”

The Post only picked that up halfway through the day when they updated their story. Since I’ve never updated a diary before, not sure if I did it right.

I’m not sure what I think of this story from today’s St.Louis Post Dispatch

St. Louis Democrats have a message for anyone thinking about borrowing their mascot – don’t mess with the donkey.

But it is not a Republican or an independent that is using the donkey on his signs.  The offender is a Democrat — a former city alderman who was recently subject to a recall election in his ward (it was a spat over the use of eminent domain).  However, nothing stops a recalled official from running for election again in the next election.

On the one hand he is not THE Democratic candidate; he is running as an “independent Democrat” to get back his seat. So he won’t be listed as a Democrat on the ballot and I can see how the party wouldn’t want to confuse the voters.  On the other hand — this guy has been using a LIVE donkey as his personal symbol for many years. And he is STILL a Democrat in his personal life.

There are, I’m sure trademark issues involved here, and it made me wonder about the use of the Donkey by various Democratic blogs on their merchandise.  Any thoughts?

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