Not all the Prop 8 action is in the NDCA. Yesterday, Judge Karlton issued this Order denying a temporary restraining order in a trademark infringement action brought by a pro-Prop 8 group against the Courage Campaign's use of a similar logo at its blog tracking the ongoing Prop 8 trial in federal court in San Francisco, www.prop8trialtracker.com.
Judge Karlton ruled that the Courage Campaign's Prop 8 Trial Tracker logo is protected under the First Amendment as a lawful parody of the Pro-Prop 8 group's logo and is unlikely to be confused with that group, making the lawsuit's success on the merits unlikely at trial. See both logos at right. Here's coverage from the Sacramento Bee and News10.