AFLAC Protests Don't Stop Ohio Duck Ruckus
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Gubernatorial candidate Tim Hagan can keep using Internet ads featuring Gov. Bob Taft's head on a duck's body, a federal judge ruled Tuesday, dismissing objections by AFLAC insurance.
AFLAC had complained that the duck in Hagan's Web ads looks too much like the one in AFLAC's commercials, which feature a duck quacking the company name. But U.S. District Judge Kathleen O'Malley refused to block the ads, saying they represent protected political speech.
Hagan, a Democrat, and Taft, a Republican, will face off in the Nov. 5 election.
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AFLAC had asked for a temporary restraining order forcing Hagan's campaign to remove the ads from the campaign Web site, www.taftquack.com. In the ads, a duck with Taft's face shouts "Taftquack'' in response to Taft's campaign commercials.
David Stewart, a lawyer for the company, told O'Malley the "Taftquack'' duck could lead consumers to believe AFLAC was endorsing the Hagan campaign.
O'Malley agreed there is a danger that political campaigns will use successful commercial trademarks that companies have spent time and money developing. But she said the First Amendment still falls on Hagan's side.
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"There simply are no commercial purposes that can be found in the particular ads at issue,'' O'Malley said.
AFLAC is still seeking a permanent injunction to block the ads. O'Malley scheduled an Oct. 10 hearing on that request.
Taft spokesman Orest Holubec said the governor's campaign is not involved in the case.