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Copyright 2002 The New York Times Company  
The New York Times

February 16, 2002, Saturday, Late Edition - Final

SECTION: Section C; Page 5; Column 5; Business/Financial Desk

LENGTH: 343 words

HEADLINE: Elephant's 'E' Irks G.O.P.

BYLINE:  By AMYHARMON

BODY:
It comes as no surprise that the Republican Party of Texas does not find the World Wide Web site www.EnronOwnsTheGOP.com as amusing as the Texas Democrats who run it.

But the Republicans say that is not why they are demanding that the site be shut down. In a letter delivered on Thursday to the site's owner, the Democratic strategist Kelly Fero, lawyers for the Republican Party say that Mr. Fero and his group have misappropriated the party's official site and a registered trademark that appears there. The letter warns them to stop or face possible legal action.

At issue is a depiction of a red and blue elephant, emblazoned with the shape of the state of Texas, that is showcased on the home page of the official Republican site, www.TexasGOP.org, and used on party literature. Mr. Fero's site uses a logo in which the "E" symbol of Enron is superimposed on the elephant.

"The law is pretty clear that if you design a logo that could be confusing to someone, then it's not legal," said Ted Royer, a spokesman for the Republican Party of Texas. "They certainly have the free speech to make as many silly political attacks as they would like to, but they don't have the right to steal our trademark."

EnronOwnsTheGOP.com takes as its main premise that the Republican Party is a wholly owned subsidiary of Enron, the bankrupt energy trading company based in Houston. It calls on Gov. Rick Perry of Texas and other Republican officeholders to return political contributions associated with Enron.

Mr. Fero, who set up the site six weeks ago, said he thought a parody was the best way to get his message across, adding that the site is protected by the First Amendment.

"These particular Republican politicians mimic independence," Mr. Fero said. "If they want the site to go away, they should give the money back to the ex-Enron employees who could use it now."

Mr. Fero said traffic to the site had increased considerably since he sent an e-mail message telling supporters of the Republican legal threat.  http://www.nytimes.com

LOAD-DATE: February 16, 2002