Political Printers: Don’t be Bitten by a Union “Bug”   

01.09.2025

An old advertising jingle urged consumers to “look for the union label.”  A union label, or “bug,” typically consists of a union symbol and a number which identifies a specific employer.  However, using a bug without permission can have legal repercussions. 

Election years are usually good for printers.  To woo unions and their members, many candidates want their materials to include a bug.  The temptation of work, often at a higher price and with advance payment, leads some non-union printers to illegally include a bug on their work.  However, state and federal trademark and copyright laws allow unions to pursue infringers, even after an election is over.   

A bug is a union’s intellectual property, which it registers with the government.  By signing a collective bargaining agreement with a union, the printer receives a license giving it the legal right to use their bug. The printer must have a current collective bargaining agreement with a union at the time the work is performed.  A past agreement or having a few employees who used to be in a union, may not be considered good enough.

Unions frequently protect bugs zealously.  They view a bug as a guarantee that the work was done by union workers, who are receiving wages and benefits meeting union standards in a plant that practices responsible labor-management relations.  It also helps to maintain and promote the union presence in the printing industry.    

Typically, if a printer is found to be using a union bug without authorization, the union will send a “cease and desist” letter to the printer.  They can, however, move straight to litigation without providing any advanced notice. 

A recent seemingly routine job provides a cautionary tale.  A member of Congress seeking re-election contracted with a mail firm to send campaign materials (which included a bug) to constituents in three California counties.  The total price including postage was under $100,000.  The mailing house subbed out the printing to a printer in Arizona.  The Arizona printer had no direct contract with the candidate, and no collective bargaining agreement with a union.  The printer had allowed its union contract to expire 20 years before.  When the union discovered the lapse, it sued the printer.    

The lawsuit sought monetary damages for misappropriation of the union’s name and label, disgorging of all profits, damages for trademark infringement, the wages that would have been paid to union workers if not for the printer’s infringement, punitive damages, and attorneys’ fees and costs.  The lawsuit also sought an injunction barring the printer from using the bug in the future unless and until it entered into a new collective bargaining agreement. The printer engaged counsel, and the case settled for an undisclosed (likely very costly) amount.

AALRR attorneys have advised and represented printers for over 35 years.  Should you need assistance in this area, please contact the authors of this alert. 

Additional information regarding AALRR’s qualifications to serve the printing industry can be found here.

This AALRR publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.

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