Difficulties may arise not only with regard to party name, but also with regard to party symbols. If there is a split within an established party, and two or more factions emerge, the ownership of the traditional name and - even more important - the symbol, is likely to have considerable political importance. Different factions may each wish to maximize their electoral prospects by using this name and symbol. There may also be competition between the opposing groups to claim the traditional party colour.
If different groups within a party cannot come to an agreement, there may need to be a legal determination as to which group is entitled to hold power in the party and to represent it at the next election. But the group which is, in legal terms, the breakaway, rebel group may still choose to use every means to persuade the electors that it is the true heir to the party tradition. It may continue to campaign under the party name, and to use the party symbol (or a new symbol that is almost indistinguishable).
Under most jurisdictions, it will be relatively simple for electoral officials to cope with would-be imitators of existing party names and symbols when it comes to nominations. If a new party, or a breakaway faction of an old one, proposes to misrepresent itself and its candidates, those responsible for administering the elections may simply refuse to accept their nominations, and may omit to include on the ballot papers any party names and symbols that are grossly misleading.
However, it is harder to control candidates and their supporters who persist in presenting themselves under another party's flag during their campaigns or their fundraising drives.
In Britain, a political party is able to register its symbol as a trademark, and bring an action against someone who uses the symbol without authorization in the same way as a company may initiate a prosecution against a business rival who pirates its logo. In addition, it is possible to bring a charge against a mimic candidate under a section of the electoral law that makes it an illegal practice to issue a false statement for the purpose of affecting the electoral result.
In the United States, it is an offence to solicit political contributions fraudulently by misrepresenting the party for which the gift is being sought.
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