This should be a law school exam question, not a lawsuit.
Plaintiff, “Ron Paul 2012 Presidential Campaign Committee, Inc” (“Campaign”) alleges that it ‘has the exclusive right to use’ the mark RON PAUL as a trademark and trading name for “providing political consulting and information dissemination services. ..” Unknown defendants distributed an attack video disparaging Jon Huntsman (using racist and xenophobic language), using the pseudonym “NHLiberty4Paul.” The video includes an exhortation to vote for Paul. The Campaign was subsequently criticized for allegedly distributing the video. The Campaign alleges 43(a) false designation of origin, false description of the characteristics of the video, common law libel and defamation.
Are defendants using the RON PAUL mark in commerce?
Does the use of NHLiberty4Paul without more suggest that the Campaign is the origin? (probably – the campaign alleges that that the campaign was criticized for the video, so it could likely prove this point).
Does it matter if NHLiberty is for or against Paul?
Who is libeled, Paul or the Campaign or both? Does Huntsman have an action? Does Huntsman’s 2016 Campaign have an action?