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Does Midlands' Obama gas station violate trademark laws?
Posted: 05.19.2011 at 1:10 PM
Updated: 05.20.2011 at 4:40 PM
Fraendy Clervaud

raendy Clervaud is a morning news anchor for Good Day Columbia.

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The Obama Gas Station is located on the corner of North Main Street and Prescott Road.
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COLUMBIA (WACH) -- Motorists filling up at one Columbia gas station are pumping their gas under an out-of-the-ordinary facade.

Sam Hanak decided to decorate his entire gas station with President Barack Obama’s image and his campaign logo from the 2008 election.

The Obama Gas Station is located on the corner of North Main Street and Prescott Road.  Hanak says his cousin sent him a picture of a gas station in Michigan with a similar look, so Hanak decided to bring the concept to Columbia.

WACH Fox News asked Hanak if having President Obama’s picture at a gas station seemed ironic since many say he's to blame for a national gas price average near $4. Then-President George Bush faced similar criticism in 2005 as gas prices rose after Hurricane Katrina.

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“The gas prices go up and down and it’s not the president’s fault and its not America’s fault; it’s international," he replied.  "The gas prices are getting higher hopefully because what’s going on in the Middle East, Libya."

Hanak says it cost nearly $4,000 to change his gas station into Obama Gas about two weeks ago.

“There are no rules to tell me not to put anything. This is my business and what I do in my business is up to me,” he adds.

But is the signage trademark infringement?  We talked to a Columbia lawyer for clarification.

"You have the tension balance between political or free speech versus commercial speech and the question I have is, is he using President Obama's name and image for commercial purposes?" says Corky Klett, patent lawyer with Nexsen Pruet.

Hanak says business is going well and he doesn't have any plans of taking down the signs.

What do you think about using President Obama’s image at a gas station? Would you be more likely to buy gas from the station or stay away from the business?  Or doesn't it matter? Vote in our poll below and share your thoughts.

Obama Gas Station
What do you think about using President Obama’s image at a gas station?
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