City of Cape Coral sends cease-and-desist letters over logo use

CAPE CORAL, Fla. —

Some Cape Coral residents running online groups have received cease-and-desist letters from the city for using Cape Coral's logo. The letter, authored by the city attorney, asks residents to stop using the city's official logo on social media pages and websites, warning of potential fines and jail time.

Kyle L'hommedieu and Julia Ettari, members of the watchdog group Take Out the Trash Committee of Cape Coral, said the city delivered the letters to their doorstep, while others received them through Facebook Messenger. The letters warn that continued use of the logo could result in fines exceeding $100 and up to 60 days in jail.

"This all started due to us using the city's logo and a news article that was published on our website, and that's why this whole spiral came down," L'hommedieu said.

Administrators for local Facebook groups also received the letter. The creator of one citizen forum even shut the page down in response.

"All the other Cape Coral residents' groups have been using this logo for ages," L'Hommedieu said. "Nobody has a problem. The second we did it, then the city went on attack. They couldn't only attack us; they have to bring others into the mix."

Intellectual property attorney Mark Nieds explained that cities do not register their logos through the state or federal trademark office, but they still hold copyright.

"This isn't really a trademark issue as much as it is a statutory enforcement issue," Nieds said. "Just like if this were a code violation or, you know, somebody who's got, you know, there's too much junk in your yard, you're going to get fined unless you clean it up. That's kind of what the city is doing here."

The city states on its website that the logo can only be used with approval from the city manager, and images resembling the city's logo or seal are considered violations.

However, Nieds said the First Amendment could affect how any rules are enforced.

"The First Amendment might come into play in some instances if there's if there is a legitimate basis under the First Amendment for like a complaint site or a, you know, a forum for gripes about things, potentially," he said.

Ettari and Lhommedieu said the logo will stay up on their website.

"I'm a strong American, and you're not going to bully me out of my rights. It's not happening," Ettari-Barlett said.

To get approval to use the city's logo, a form is available on the city's website.

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