The newly-minted “Office of the Former President” features a logo with a striking resemblance to the Great Seal of the United States. Is it legal?
Updated on February 4, 2021 with information about Donald Trump’s letter to SAG-AFTRA below.
Per a Monday press release, Donald Trump has apparently opened an office in Florida that will handle his duties as a former president. Or, should I say (with apologies to the four other living officeholders), the former president?
It isn’t clear what sort of “official activities” are in the works for “the Office of the Former President,” although I’m sure that all involved will make many calls and have many meetings. The organization has also registered a new domain name, 45Office.com, which as of now just depicts the office’s new logo.
That logo, which was reportedly designed by Trump’s former campaign manager Brad Parscale, isn’t exactly original. It mainly copies the Great Seal of the United States, with a few elements from the shield of the Seal of the President of the United States thrown in for good measure.
Not long after the announcement, the Twitterverse began doing what it does best. No, not shameless self-promotion. Bad legal takes:
Judging from some of the reactions I saw, folks were ready to impeach former President Trump a third time for using the logo.
Legend has it that the first presidential seal was drawn by President Millard Fillmore in 1850. The current design—which depicts a bald eagle with an olive branch in its right talon, a bundle of 13 arrows in the left, and a scroll bearing the words “E pluribus unum” in its beak— was chosen by President Truman and made official in a 1945 executive order.
While it would certainly be ironic—in an Al Capone kind of way—if Trump were ultimately brought down on criminal copyright infringement charges, it’s not going to happen.
Putting aside their age, as works of the U.S. federal government neither the Great Seal of the United States or the Seal of the President is subject to copyright protection.
Now, that said, there is a separate federal law that regulates the use of likenesses of the Great Seal and the Seal of the President on various works. It’s part of Title 18, which is the main criminal code of the federal government.
I’m seeing a lot of people quoting only portions of the statute online. Or not quoting it at all.
In order to set the record straight, here’s the entire first section of the statute:
Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined under this title or imprisoned not more than six months, or both.18 U.S.C. § 713(a)
Contrary to popular opinion, the law doesn’t make the mere use of the presidential seal illegal. If this were the case, all of the sellers of tacky merchandise on Amazon and D.C.-area gift shops would be going to jail.
Instead, in order to violate the law, the seal has to be used “in a manner reasonably calculated to convey a false impression of sponsorship or approval by the government of the United States or by any department, agency, or instrumentality thereof.”
This is similar to the standard used to determine liability for trademark infringement, which is primarily concerned with uses that are likely to confuse consumers about the source of a product or service. If the use of the seal doesn’t suggest the sponsorship or approval of the U.S. government, it’s not illegal.
It’s not always clear when a particular use crosses the line. In 2005 the Bush administration wrote a cease and desist letter to satirical news website The Onion demanding that the site remove a replica of the seal, asserting that it was “not to be used in connection with commercial ventures or products in any way that suggests presidential support or endorsement.” The Onion’s lawyer responded that “It is inconceivable that anyone would think that, by using the seal, The Onion intends to ‘convey sponsorship or approval’ by the president.” While the matter was never litigated, I think the Onion had the better position.
So long as Trump’s “Office of the Former President” continues to recognize that he’s the former president and doesn’t falsely suggest that he’s the current president, its use of the seal shouldn’t run afoul of the law.
I should also point out that at least two other former presidents are using versions of the seals on their websites:
While it’s probably fair to assume that Trump may push the envelope more than former Presidents Bush and Obama, it seems unlikely that anyone is going to be confused about whether Trump is still president.
At least, I sure hope not:
I really gotta get off Twitter.
UPDATE—February 4, 2021—As if to prove my “envelope pushing” point, former President Trump sent out a letter today resigning from SAG-AFTRA, in which he referred to himself as “President Donald J. Trump”:
Putting aside that Mr. Trump considers a 5 second cameo in “Home Alone 2” to be part of a body of work he can look upon with pride, does the fact that he’s calling himself by the title “President” change anything in my analysis?
Probably not. The “reasonable consumer”—and certainly Gabrielle Carteris, the intended recipient of Trump’s letter—have surely heard the news that he is in fact no longer president. Frankly, the only people who may possibly be confused, at this point, are people who aren’t reasonable.
By the way, according to Emily Post (who seems to be quite prolific for someone who’s been dead for 60 years), using terms like “President LastName” or “Mr. President” (at least in a formal setting) is technically improper, as those are terms reserved for the current head of state.
However, in reality, “many people ignore this convention and refer to former Presidents as ‘President Last Name’ when they are in settings where nearly everyone would afford them the honor of the title. Technically, this is still incorrect but there are enough former Presidents allowing this that it has become a somewhat common mistake.”
So there you go. Probably not something former Mr. President Donald Trump should be doing, but that hasn’t stopped him before.
As always, I’d love to know what you all think! Let me know in the comments below.
It’s actually the Dorset or Pierce die. GreatSral.com
The shield definitely resembles the Dorsett, but the position of the arrows and olive branches are reversed, which is more consistent with the Great Seal of the U.S.
(I think you accidentally mistyped the web address – it’s GreatSeal.com)
He’s still President, you just don’t know it…yet.
Ok, please keep me posted. I’m trying to stay up to date on these things.
Oh, don’t you worry.. This dumb nut taking orders from the Bunker-Boy will come crashing down all around you!!
Kate you are a delusional idiot. Seek help.
He does seem to be hearing voices in his ear piece doesn’t he? But I just think that’s because he’s a blithering idiot and needs help to speak.
You obviously know nothing but what you’re told.
Sooooo Trump sent a letter to SAG-AFTRA “resigning” where it has “THE OFFICE OF DONALD J. TRUMP” and it also states “PRESIDENT DONALD J. TRUMP” at the bottom of the letter.
Per your article you stated:
‘So long as Trump’s “Office of the Former President” continues to recognize that he’s the former president and doesn’t falsely suggest that he’s the current president, its use of the seal shouldn’t run afoul of the law.’
Does that change anything? I mean, the seal is LIKE the office seal, but not really? Would really like your input.
In the words of the great Michael Scott: Why don’t you explain this to me like I’m five.
Thank you in advance!
Also, I really enjoyed reading your article. Thank you!
Hi Jonathan – thanks for reading. I updated the article with an answer to your question. I got most of the content from Wikipedia, so you know you’re getting the best possible information.
“Wikipedia, so you know you’re getting the best possible information.”
Now, that’s funny!! hahaha
Agreed! For the longest time Wikipedia begged for money, every time you went to there site, to keep the doors open. All of the sudden they stopped, Why? Because the Wikimedia Foundation, of which Wikipedia is a project, has been directly dependent upon support from super wealthy benefactors with connections to pharmaceutical investment businesses of which Soros is one of the owners! That’s why when you look up things there that are right leaning, they state “disproven” or that is “far right wing” stating these things as if it’s correct, when they should be saying things like “alleged” or “reportedly” , Wikipedia has become a tool of left, just like the MSM!
Look up QAnon on there, what they say is completely false.
Biden did not win that election. It’s absurd to believe there was no election fraud.
This article is just one more LIE from the ‘jumpy’ left who’s afraid of President Trump’s coming back, which he will!!
According to Barr there was no election fraud that would change the out come this is Barr’s exact words. Now we learn there was election fraud they were people casting multiple ballots for trump 3 in Pennsylvania 2 in Texas 4 in Florida 2 in California 6 in Arizona 1 in Nevada all told there was 30 cases of election fraud but nothing like trump was claiming massive fraud.
It remains to be seen what the range of services is that Trump hired Nucleus, who built the site, to do. Their core business is conservative campaign data gathering + fund raising. Lots of room there for legal missteps.
It also appears the be the same exact seal used on the Coast Guard flag. No differences
Very close! The shield has a different shape. BTW, all of this “spotting the differences” is giving me flashbacks to reading Highlights for Kids magazine in the dentist’s office….
Donald Trump disgusts me.
I believe no living president who completes the term of office of the president should be allowed to use the seal of the USA on correspondence or in any way. Once out of office, the job is terminated. There is only one president at a time and currently it is Biden.
Proof. Democrats demand proof of every and all statements from the right-wing wild things, I mean it. Not what trumpy and company claim to be truth. 0ver seven thousand lies plus. Give us proof.