Duncan, a Republican who has represented a conservative and heavily military district near San Diego since 2009, sent out a mailer this month attacking his opponent and some of his colleagues as radicals and terrorist sympathizers. On the envelope was the official U.S. Marine Corps emblem. This week, the California congressman got a letter from the Marine Corps telling him he did not have permission to use the symbol and should stop immediately.
The Marines said the Eagle, Globe and Anchor emblem was a registered trademark, along with the phrase “No better friend, no worse enemy,” which also appeared on the campaign materials.
“We thereby request your campaign immediately remove the emblem and the phrase from its mailers,” said the letter, which was first disclosed by NBC News.
The letter suggested that Hunter use an approved “Marine Veteran” emblem instead.
The mailer showed photos of Ammar Campa-Najjar, the Democrat who is running against Hunter in 2020, and two Democratic congresswomen, Rashida Tlaib of Michigan and Ilhan Omar of Minnesota, next to a boldface message: “These three radical Democrats want you to forget their anti-Semitism or family-terrorist ties!”
Hunter has repeatedly called attention to the fact that Campa-Najjar, who was born in California to Mexican and Palestinian parents, had a Palestinian grandfather who was assassinated by Israel in 1973 in retribution for the killing of Israeli athletes at the 1972 Munich Olympics. Campa-Najjar was born after his grandfather was killed and has condemned his actions.
Campa-Najjar responded to the latest mailer on Twitter, calling the accusations on the mailer hateful lies. “Hunter’s campaign has illegally used the Marine Corps emblem and phrase for years,” he said, “but these mailers were so dishonorable and discrediting that they drew the attention of the United States Marine Corps.”
He also noted that the mailer spelled Israel incorrectly.
Hunter’s office did not respond to requests for comment, but a spokesman told NBC that as soon as the campaign was aware of the problem, “The campaign immediately complied and is taking all appropriate measures to ensure this matter is addressed appropriately and thoroughly.”
The emblem issue is perhaps not the biggest of problems for Hunter, who is facing 60 federal charges including campaign finance violations, falsifying records, wire fraud and conspiracy. Prosecutors say the congressman and his wife improperly spent more than $250,000 in campaign funds on lavish trips, shopping sprees, private school tuition and airfare for their pet rabbit.
Hunter has pleaded not guilty and denies all charges. His wife recently pleaded guilty. Despite the swirling corruption accusations, the congressman won re-election last year.
Hunter served as an active-duty Marine Corps officer from 2002 to 2005, deploying to Iraq twice. He then joined the Marine Corps Reserve and deployed to Afghanistan. He is still in the reserve, where he holds the rank of major.
The Marine Corps said it was not uncommon to encounter politicians using the Eagle, Globe and Anchor, commonly referred to as the EGA, and officials routinely send letters telling them to stop.
“We encourage such individuals to be proud of their service,” the Marine Corps said in a statement. “But the use of the EGA or other indicia, where it could appear that the Marine Corps endorses or sponsors a particular candidate, is inappropriate.”
The U.S. military has registered hundreds of trademarks in recent years. The Marine Corps alone has more than 175. Entrepreneurs who want to use phrases like “Semper Fi,” “tip of the spear” or “Pain is weakness leaving the body” are required to secure a licensing agreement.
The military has fought for the past decade over improper use of its intellectual property, targeting everything from small businesses to unlicensed logos on thong underwear.
The appearance of partisanship is a chief concern. Former Interior Secretary Ryan Zinke got a cease-and-desist letter in 2012 when mailers critical of President Barack Obama sent by a political action committee he was running featured the logos of all four service branches.
“We can’t appear to endorse them,” Jessica O’Haver, director of the Marine Corps Trademark Licensing Office, said at the time. “We don’t currently license nonprofits and charities, especially if they’re promoting a political cause.”
This article originally appeared in The New York Times.