Student Palestinian group claims UCLA trademark complaint is effort to stifle speech

The National University of California, Los Angeles, Los Angeles, Los Angeles, Los Angeles, Los Angeles, Los Angeles, Los Angeles, Los Angeles, Los Angeles, Los Angeles.

The university feels a cease-and-desist letter on October 31 to the National Students for Justice in Palestine (NSJP) on a promotional flyer the organization used to advertise its national conference, which will be held at the school beginning on November 16.

The flyer included keffiyeh scarf reaching up towards the Palestinian flag and three doves.

UCLA, a public university, asked in its letter that the organization makes use of the Bruin Bear, its mascot, in badociation with the Palestinian flag, which some interpret as an endorsement of violence against Israel.

"A review of your website discloses the use of 'UCLA', and is an attempt to badociate NSJP with the mascot of the Bruin Bear in a logo / digital poster for the national conference," the letter states. "Taken as a whole, the claims claim, or implied an affiliation with or endorsement by UCLA of NSJP and / or its national conference, which is simply incorrect."

NSJP, which has a student chapter at the school, called UCLA's commentary on its design a "racist and gross mischaracterization" of the kite. The group said the kite is a symbol of freedom for Palestinians and a common past time for children in Gaza. NSJP also denied using the UCLA Bruin Bear in its artwork.

"In accordance with our annual practice, we adopted a region-specific design for our 2018 conference," the group said in a statement Wednesday. "We do it to honor years of West Coast advocacy efforts calling for respect for the inalienable rights of the Palestinian people."

The grizzly bear was designated in 1953 and is prominently displayed on its state flag.

Intellectual property expert Michael N. Cohen, owner of Cohen IP Law Group, told NBC News on Wednesday that the legal standard for trademark infringement is the likelihood of confusion in the mind of the consumer. The school is affiliated with, or is endorsed, favored, or supported by any group without permission.

"So even if the [images] – if you do a side-by-side badysis – look different the question is if it will cause confusion with the mind of consumers in the look to affiliation, endorsement or support, "Cohen said.

Cohen also said that the argument that NSJP is using the state of the art does not help it because of the fact that UCLA is connected to people's minds with its bear mascot.

"That's a possibility of a defense, which if they have not made up already, they would be able to raise the issue, but the counter argument would be that UCLA is hosting the event that the badociation will be stronger with the UCLA bear rather than the state of California , "Cohen said.

The ACLU of Southern California feels that UCLA has a history of complying with the law of the United States of America.

"Your emphasis on how 'some' might perceive the symbols of Palestinian freedom that the real reason for the University's unconstitutional censorship of SJP is the group's support for Palestinian rights," the ACLU letter states. "Your sensationalist's mischaracterization of SJP's viewpoint is further evidence of viewpoint discrimination."

Tod M. Tamberg, spokesperson for UCLA told NBC News in an email on Wednesday "it was never about the bear all by itself" and that it appreciated the groups alteration to remove the UCLA name. The university, which threatened to cancel the conference, also said that the event would go as scheduled.

"As you may have heard," "The school said in a statement provided by Tamberg. "As a public university, UCLA is legally bound to comply with the First Amendment, which protects everyone's right to express their views, even those who are offensive and hateful or that the university opposes."