HCRP (dot-org) seeks to shut down HCRP (dot-com)

The Hamilton County Republican Party went to court today to try to shut down a web site that the party claims is violating its trademark rights.

The web site, hamiltoncountyrepublicanparty.com, is the creation of Michael Dalton, a 51-year-old Forest Park Democrat who has also registered several other variations of the name just before the Nov. 8 election. The official Republican party web site is at hamiltoncountyrepublicanparty.org.

The party argues in court papers that there is "a likelihood of confusion" between the two sites. A disclaimer at the bottom of Dalton's site says it is "Not Affiliated with the Hamilton County Republican Party."

The web site attacks local and national Republicans, but seems to pay particular attention to Hamilton County Municipal Court Judges David C. Stockdale and Lisa Allen. Stockdale ruled against Dalton in an eviction action last year.

Dalton did not immediately return a phone call and an e-mail seeking comment. He said previously that the party "fail(ed) to protect its turf" and that the web site was "free speech."

UPDATE (Friday, 6:17 p.m.): Dalton e-mailed this response to the Enquirer:

I have not seen the suit and only know what reporters are telling me....

From what I understand the Republicans are claiming trademark infringement. I can find no trademark at firstgov.gov. I am not an attorney, however, it is my understanding that trademark law involves commerce not non-commercial speech.

It seems funny how, today, nationally the Republicans are trying to stifle free speech and then locally as well.

The suit is frivolous ... Once I see the suit and speak to an attorney we can decide our course of action. At this stage, it is my full intention to fight to protect free speech as political dissent is at the heart of our constitutional rights.