The American Civil Liberties Union Foundation and the ACLU Foundation of Virginia, together with firm co-counsel, have filed a motion to dismiss a federal lawsuit brought by the Young America's Foundation (YAF) against Matt Sitman and Sam Adler-Bell, the hosts of the Know Your Enemy podcast, and Dissent magazine, asserting nine types of trademark infringement.
Know Your Enemy’s motion to dismiss argues that the ironic reference to Young Americans for Freedom on the podcast’s Patreon page is protected by the trademark fair use doctrine and the First Amendment; and that potential listeners are not likely to be confused about whether conservative groups like Young Americans for Freedom sponsor or support the Know Your Enemy podcast; that the complaint does not allege any illicit counterfeiting; and that the state law claims are subject to dismissal under Virginia’s statute barring strategic lawsuits against public participation (SLAPPs).
The complaint seeks injunctive relief barring all further use of the Young Americans for Freedom trademarks, disgorgement of profits, treble damages, and punitive damages, as well as the transfer to Young Americans for Freedom of all websites and social media accounts using the allegedly infringing marks. The motion to dismiss argues that Young America’s Foundation does not have standing to bring these claims and that the podcast’s ironic reference to Young Americans for Freedom among its membership tiers is protected under the First Amendment.