Comments on: Generic Political Parties http://www.concurringopinions.com/archives/2006/10/generic_politic.html The Law, the Universe, and Everything Tue, 14 Feb 2012 11:44:40 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: hpl http://www.concurringopinions.com/archives/2006/10/generic_politic.html/comment-page-1#comment-56902 hpl Mon, 02 Oct 2006 23:22:38 +0000 http://www.solove.org/archives/2006/10/generic-political-parties.html#comment-56902 In Austria, in April 2005 the "Freiheitliche Partei" (FPÖ, usually translated as "Freedom Party") split in two. The breakaway part, somewhat awkwardly named (BZÖ), found out that "brand recognition" was a severe problem and so tried to start using the word "freiheitlich" again in the run up to yesterday's parliamentary election. The courts were called in (by the "original" Freedom Party) and issued an injunction - the use of the word "freiheitlich" by the breakaway-party was considered an illegal breach of the original party's right of name. However, for the ballots, the elctoral commissions deciding on the "ballot-design" accepted the term "freiheitlich" as a descriptive adjective also for the breakaway party. Four distinguished law professors were called in to prepare expertises for the electoral commissions on this issue - and in the end three of these professors are currently being sued by the Freedom Party for allegedly providing false expertise; needless to say, the professors have retaliated filing suits against the party, and so the courts will be hearing "right of name"-cases (and associated claims) for some time to come. In Austria, in April 2005 the “Freiheitliche Partei” (FPÖ, usually translated as “Freedom Party”) split in two. The breakaway part, somewhat awkwardly named (BZÖ), found out that “brand recognition” was a severe problem and so tried to start using the word “freiheitlich” again in the run up to yesterday’s parliamentary election. The courts were called in (by the “original” Freedom Party) and issued an injunction – the use of the word “freiheitlich” by the breakaway-party was considered an illegal breach of the original party’s right of name.

However, for the ballots, the elctoral commissions deciding on the “ballot-design” accepted the term “freiheitlich” as a descriptive adjective also for the breakaway party. Four distinguished law professors were called in to prepare expertises for the electoral commissions on this issue – and in the end three of these professors are currently being sued by the Freedom Party for allegedly providing false expertise; needless to say, the professors have retaliated filing suits against the party, and so the courts will be hearing “right of name”-cases (and associated claims) for some time to come.

]]>