Townsend Mailer Sparks Controversy: What Tennessee Law Says About Using City Logos in Campaigns
Townsend, Tennessee— An anonymous political mailer distributed in Townsend, Tennessee, has prompted a swift rebuke from local officials and raised questions about when private citizens can legally use a government logo.
The mailer, which targeted two city commission candidates with “cancel” signs over their faces, prominently featured the official Townsend city logo.
In a statement released on June 26, Townsend City Manager Don Stallions made it clear that the city was not involved. “I want to be clear: the City did not approve, nor were we asked to approve, the use of our logo,” Stallions said. “As City Manager, I would not approve the use of the City’s logo for political purposes on behalf of any candidate, as doing so would be inappropriate.”
The incident highlights a frequent friction point in local elections: the collision between political speech, trademark laws, and state statutes protecting government seals.
The Law: Who Owns a City’s Logo?
While private logos are protected by federal and state trademark laws, municipal seals are governed by specific state statutes. Under Tennessee Code Annotated (TCA) § 6-54-137, a municipality has the “exclusive right to use” its full corporate name, as well as any seal, insignia, flag, coat of arms, or formally adopted logo.
Under the TCA, a private citizen or political campaign cannot use a municipal logo without explicit, written authorization. The law states that only the mayor (or the mayor’s designee) can authorize third parties to use the city’s visual image.
If a citizen or campaign uses the logo without permission in a way that implies an official endorsement, the municipality has the right to file a civil lawsuit to stop the distribution of the materials.
The “Anonymous” Problem
The Townsend mailer violated a second core tenet of Tennessee election law: it lacked a disclaimer.
Under TCA § 2-19-120, any political advertisement must clearly state who paid for it and whether a candidate authorized the ad. Anonymous attack ads distributed through the mail are strictly prohibited, regardless of whether they use a government logo. Because the mailer was sent anonymously, it is currently unclear who designed or funded the attack.
Does “Fair Use” Apply to Political Ads?
When politicians or private citizens are caught using copyrighted or trademarked material, they often claim Fair Use — a legal doctrine that allows the unlicensed use of protected materials for purposes like commentary, criticism, news reporting, or parody.
However, Fair Use rarely protects the use of a government logo on a campaign flyer. Here is why:
- The Risk of Deception: The core purpose of TCA § 6-54-137 is to prevent the public from being deceived into thinking the government endorses a specific candidate, business, or product.
- Government Neutrality: Local governments are prohibited from using taxpayer resources to influence elections. Slapping a city seal on a campaign mailer creates the false impression that the city is violating its own neutrality.
When Can a Private Citizen Use a City Logo?
A private citizen can legally reproduce a city’s logo without written mayoral consent only when the use is clearly informational and carries zero risk of perceived endorsement. Examples include:
- News Reporting: A local blog or newspaper using the logo as a graphic alongside a story about the city council.
- Clear Parody: A satirical website that exaggerates or mocks the city government, provided a reasonable person would know it is a joke and not an official city publication.
- Educational Materials: Displaying the logo in a historical exhibit or civics presentation.
Because campaign mailers are designed to look authoritative and persuade voters, courts generally reject the argument that using a city seal to attack or promote a candidate constitutes fair use.
As Stallions noted regarding the Townsend incident: “There are legal things people need to follow, one of which is not using a logo of a municipality without their permission… This pamphlet did not follow the laws of the state of Tennessee.”