We are in receipt of some of the filings in the New Mexico litigation of the LNC against the LPNM.
There is a second statement from the LNC.
There are two exhibits, Exhibit 1 and Exhibit 2.
There is the statement by the LNC that all filings have been made.
There comes a point where enough is enough. I don’t think the LNC had a choice here. The mark, the trademark “libertarian party” belongs to the national party. It’s designed to protect the brand (which we REALLY need to have a come to Jesus moment about even considering as mission critical instead of taking a schizophrenic whatever people want to need to abuse our label into being) We MUST start seriously understanding that. If NM pr NH want to go off on their own, fine. Do it. Similarly, is someone who works for Coke or Pepsi wants to start their own soda company or try to even argue against buying the product, great. Have at it. But they can’t print knock off labels saying they sell the same product or USE the identity to harm sales like LPNH does, which is deceptive.
Last time I checked “Coke” and “Pepsi” are not political ideologies. Similarly, several things that were originally trademarks have become so widely used as to become general terms for an item: kleenex, dumpster, and xerox are just three examples.
Actually, Xerox is still a trademark of the Xerox Corporation and Kleenex is a registered trademark of Kimberly-Clark Worldwide Inc. In 1963 the much criticized Webster’s Third New International Dictionary of the English Language Unabridged (Websters Third) printed the dictionary with kleenex listed as a word with a lowercase k. Kimberly-Clark threatened to sue the publishers of Websters Third if they did not change the spelling using a capital k. The publisher of Websters Third decided to spell the word in future printings of the dictionary with a capital k rather than face a lawsuit.
I do agree that coming to an amicable resolution is better than a lawsuit. But what the Party in New Mexico did in the last presidential election is shameful. What should we do about what happened?
The names of political parties are a matter of state law, not trademark law. Even if that was not the case, and even if “intellectual property” wasn’t an anti-libertarian anti-concept, the name “Libertarian Party” was in use before the LNC even existed and LONG before the LNC filed its fraudulent and frivolous trademark claim.
Of course, fraudulent/frivolous litigators sometimes win anyway — but Libertarians should reject fraudulent/frivolous litigation and LNC members who persist in it.
The LNC just got an injuction: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://storage.courtlistener.com/recap/gov.uscourts.nmd.557164/gov.uscourts.nmd.557164.25.0.pdf
The judge has granted the injunction:
“THIS MATTER is before the Court on Plaintiff Libertarian National Committee’s (LNC) (“Plaintiff”) Motion for Preliminary Injunction (“Motion”), ECF No. 10, filed May 29, 2026. On June 7, 2026, Defendants Libertarian Party of New Mexico (LPNM), Laura Burrows, Chris Luchini, Paul McKenney, Frederick Snoy, and James Wernicke (“Defendants”), filed a Memorandum of Opposition (“Response”). ECF No. 16. On June 10, 2026, Plaintiff filed a Reply. ECF No. 18. On June 15, 2026, the Court held a hearing on the Motion. Clerk’s Min. of Hr’g of Jun. 15, 2026, ECF No. 24. The Motion is ripe for consideration. Upon review of the Parties’ submissions, the record, and the relevant law, the Court will GRANT Plaintiff’s Motion.”
According to comments from the chair that I and others heard DURING an LNC meeting in 2008, Even David Duke once identified himself as a libertarian to members of the press.
Anyone can use the word libertarian. How can the libertarian party think that the name libertarian party can be trademarked? I can understand the trademark on the phrase party of principle, although that is laughable. That is similar to the can you hear me now trademarked by a wireless carrier a number of years back.
Have they sued Republicans who go on television and call themselves libertarian?
No.
Have they sued candidates running for office in other parties who have identified themselves as libertarian, leaning or an outright libertarian on their websites, social media, or in other media?
No.
This is as stupid as when the gateway computer company trademarked the colors of a Guernsey cow.
A state party and its name are registered within its state. Their Election Commission considers that to be their name, and the LNC cannot change that.
Give it up. You are just wasting more and more of your donors’ money.
No more litigation! The LNC is not listening to the will of their constituents. It’s wasteful and keeps good libertarians off the ballot. Now is the time for reunification and pooling our resources!
Will you say the same thing regarding any suit against the LPNH?
In New Hampshire, more than one organization can petition to put a candidate on the ballot under the “Libertarian” label.
And while I can’t speak for “Market Anarchist Unity,” I would be just as opposed to frivolous, vexatious, dishonest, expensive, and fiduciary-duty-violating LNC litigation against LPNH as against LPNM.
LPNH is better off unaffiliated but I would oppose any litigation in their case as well.
Most of the documents in the docket are available here: https://www.courtlistener.com/docket/73349503/libertarian-natl-committee-inc-v-libertarian-party-of-new-mexico/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc
Thanks for that link. I saw that the judge has just granted the injunction. The judge’s order granting the injunction is here:
https://storage.courtlistener.com/recap/gov.uscourts.nmd.557164/gov.uscourts.nmd.557164.25.0.pdf
The judge was very much of the opinion that the LNC is likely to win the case, and the damage to the LNC would be great if LPNM were allowed to continue using the trademark name Libertarian Party.
——————————————–
IT IS HEREBY ORDERED that
1. Plaintiff’s Motion for a Preliminary Injunction is GRANTED;
2. Defendants SHALL NOT use Plaintiff’s Mark, LIBERTARIAN PARTY®, including the name “Libertarian Party of New Mexico,” during the pendency of this lawsuit;
3. This injunction includes, but it not limited to, removing the Mark from their website, use of the Mark when interacting with members, voters, and the public, or when endorsing or otherwise interacting with candidates, and use of the Mark in any other forum that would create confusion as to whether they are affiliated with the Libertarian National Committee or the national Libertarian Party; and
4. Plaintiff SHALL transfer to the Clerk of Court a bond in the amount of $20,000 within seven (7) days of the issuance of this order.