Park Ridge is seeking trademark protection for the city’s official seal and emblem, to prevent their misuse by people and companies hawking services and products. Officials fear that use of the symbols suggests that the wares are endorsed by the city.
The discussion began over concerns about a blogger’s use of an image of the city’s flag.
State and federal laws prevent municipalities from trademarking their flags. So, aldermen have agreed to require people who use the flag in advertising to also run a disclaimer stating, “The City of Park Ridge Does Not Endorse This Enterprise.”
“What we’re saying is, you can use the city flag, but you have to put in that language in there so people won’t be confused,” City Attorney Everette “Buzz” Hill said.
The issue came up in July , when ex-Mayor Howard Frimark used the City Council’s “Citizens Wishing to be Heard” segment to attack Mayor David Schmidt for appointing Robert Trizna to the Park Ridge Public Library Board of Trustees.
The ex-mayor accused Trizna, publisher of a blog that focuses on Park Ridge government and politics, of illegally using an image of the city’s flag on his website.
In a Nov. 28 memo to aldermen, City Attorney Kathie Henn said state and federal laws prevent a city from trademarking its flag. Illinois law, however, does not bar municipalities from protecting other emblems — such as official seals.
Hill said the law’s distinction between the public’s ability to use a flag versus a city’s ability to restrict use of other municipal symbols stems from U.S. Supreme Court rulings in 1989 and 1990 that flag burning is protected political speech.
“The ability to use the flag in any way they wish, that’s what appears to be absolutely protected,” he said.
