By David Bass
Carolina Journal
The North Carolina Association of Educators (NCAE) has sent a letter to the campaign of Michele Morrow, Republican candidate for Superintendent of Public Instruction, demanding they cease use of an image of an apple in campaign materials, citing trademark infringement.
“Please be advised that this use of the apple and phrases referencing education in your campaign literature to advertise your endorsement to the public is deceptively similar to the official Apple Ballot utilized by the North Carolina Association of Education,” wrote NCAE executive director Matt Aber-Towns in a letter to Morrow’s campaign dated July 12.
“Over the years,” the letter continues, “NCAE and its affiliates have established a vested right in this service mark in connection with political advocacy, building a reputation for making education friendly endorsements. This has taken a considerable amount of time and revenue to establish the apple in the minds of citizens as a source of reliable and thoughtful endorsements supporting public education by educators in North Carolina. Accordingly, others are prohibited from utilizing it or any deceptively similar mark.”
Morrow provided a written statement to Carolina Journal responding to the NCAE letter:
The NCAE’s claim that the apple in my logo (which I also used in my 2022 school board campaign) is somehow an infringement of their trademark is absolute nonsense.
In addition, their accusation that I am trying to make the public believe that I have their endorsement is absurd
I do not want anyone to think that I am connected to their radical, progressive organization.
I completely disagree with their demand to remove SRO’s from our schools, their racially divisive policies and their push to sexualize our young students.
What the people of NC should know is that less than 11% of all teachers are members of the NCAE, so their claim to be the voice of teachers in our state is a misleading.
The NCAE uses the plight of teachers to push their divisive, destructive and dangerous agendas.
As Superintendent, I will work to remove all politics from our classrooms and be the voice of every family in NC.
I will restore common sense values and academic excellence to every K-12 school.
Together, we will make our schools the greatest in the country and an example for the rest of the nation to follow.
According to the NCAE letter, the organization obtained a licensing agreement in 2014 from the Maryland State Education Association to “exclusively” use the apple logo for political advocacy on public education.
“[T]he current use of the apple on your website, on social media, t-shirts, fans, etc. is deceptively similar to the service mark and is prohibited by law … Be notified that NCAE will pursue all available legal remedies to protect its rights under its license agreement and the registered service mark,” the letter reads.
Morrow has made a point in her campaign to go after the NCAE.
“Am I hearing this right? Considering all the problems of NCAE and its parent organization — the National Education Association — have with declining union membership and a labor strike, the organization would pick a fight with Michele Morrow asking her to stop using an apple in her campaign literature because it violated NCAE’s copyright on the image? When you think about it, it actually explains a lot,” said Dr. Robert Luebke, director of the Center for Effective Education at the John Locke Foundation.
David Bass is a senior contributor to the Carolina Journal.
