From a Congressional campaign in Michigan to the mayoral race in New York City and even all the way to the Presidency, this election cycle has highlighted a long history of tensions between politicians, political campaigns, and intellectual property rights owners. For artists and business owners, navigating a charged political landscape while safeguarding their intellectual property assets can be complex and require careful consideration. 

A political campaign’s unauthorized use of a copyrighted work or trademark may suggest endorsement of the campaign by the rights owner, which is not always desirable. The New York Knicks sent a cease and desist letter to Zohran Mamdani (who was a NY mayoral candidate at the time) for using the Knicks’ logo in an advertisement. The ads were reportedly removed. Campbell’s Soup filed suit against Shelby Nicole Campbell, a congressional candidate for the Eastern District of Michigan, for trademark infringement for using its branding and logos in her campaign. Musical artist Kenny Loggins objected to the use of his work “Danger Zone” in a video posted on social media by Donald Trump. While tension between rights owners and politicians over unauthorized use of intellectual property is not new, the contentious political landscape of 2025 has brought forth increased concerns. Suggested endorsement of a particular candidate, party, or campaign may have a negative impact on a brand’s goodwill, identity, and the values of a particular business or artist, impacting their bottom line.

For rights owners, there are some key considerations for protecting and enforcing intellectual property rights. Whether the protected works consist of copyrights or trademarks, there are proactive steps a rights owner may take to help protect their works.

Proactive Steps to Protect IP and Monitor for Infringement

Music can be pivotal in energizing crowds at political rallies and framing a campaign. The unauthorized use of copyrighted music by political campaigns and politicians has been an issue for decades. Music rights owners should ensure that they have obtained the necessary copyright registrations for their music, as this is required in the United States to file suit and can impact the damages that may be collected in a lawsuit. Rights owners should confirm that licenses granted for public performances of their music specifically address use in relation to political campaigns or candidates. A broad license that does not carve out or exclude uses at political rallies or events, on social media, or in campaign videos may leave a gap in protection. As many artists work with organizations that manage such licenses on their behalf, it is important for artists to discuss the scope of rights for public performances in the licenses granted for their works. 

Trademark owners should ensure that they have secured registrations for all of their brands, slogans, logos, and designs. In contrast to the use of music, the use of a trademark by a political campaign may not always be readily apparent, particularly if a candidate is participating in a local or regional campaign. Just as it is important to police the use of trademarks by competitors, it is important to monitor potentially infringing use by politicians or political campaigns. In traditional trademark infringement cases, there is typically a claim of likelihood of confusion as to the source of the products or services provided by two different entities. The unauthorized use of a trademark in a political campaign does not necessarily create the same likelihood of confusion. For example, Shelby Nicole Campbell’s campaign is not selling soup cans. However, the greater risk to trademark owners may be the appearance of endorsement of Ms. Campbell’s candidacy, particularly in the current political climate. Businesses may take vastly different approaches in endorsing or remaining neutral in relation to politicians or campaigns. However, a false association with a political ideology or politician may impact the goodwill of a brand and harm the business. It is important for trademark owners to maintain control over their message, whatever that may be. If an unauthorized use of a trademark is uncovered, brand owners should consider enforcement options to protect their brand.

Strategies for Responding to Infringement by Politicians or Political Campaigns

There is no standard response to unauthorized use of a right owner’s intellectual property by a politician or political campaign. Rights owners should balance the need to preserve their public identity and/or brand’s goodwill, with public perception of any action they take and any fair use defense that may be taken by the infringing party. 

When evaluating the best strategy, rights owners should ask the following questions: 

• Did the unauthorized use cause material harm or create a false impression of endorsement? 
• Depending on the context in which the intellectual property was used, is there a potential fair use defense available to the politician or political campaign? 
• Could enforcement of rights backfire on the rights owner and become a public relations liability? 

The best strategy for a rights owner requires a nuanced analysis of the answers to the above questions. The political landscape is fluid, and the right strategy today may not be the best approach in a few months. In some situations, the best option may be to issue a public statement confirming that the rights owner does not endorse the candidate. In other circumstances, a private resolution may be the best approach. It is important to consult with an experienced intellectual property attorney to ensure rights owners are taking proactive steps to protect their intellectual property and are also taking strategic action against any infringement.