CALIFORNIA ELECTIONS GOVERNOR : Judge Allows Van de Kamp to Use Newspaper in Ad

A federal District Court judge Monday refused to order Democratic gubernatorial candidate John K. Van de Kamp to remove from television a political commercial that uses the name of the San Francisco Chronicle.

The Chronicle contended that the commercial infringed on its trademark and had sought a temporary restraining order to remove the ad from the airwaves.

The 30-second commercial makes six specific charges about Dianne Feinstein’s tenure as mayor of San Francisco from 1978-88. Feinstein is opposing Van de Kamp in the June 5 primary.

As is common in negative political ads, the Van de Kamp spot cites articles from newspapers, including the Chronicle, to back up its criticisms, and the Chronicle name is prominent in several parts.

But U.S. Northern District Court Judge John P. Vukasin Jr. viewed the ad and ruled Monday that the Chronicle had not proved that use of the newspaper’s name confused viewers and made them think that it was the Chronicle instead of Van de Kamp making the charges against Feinstein.

Mickey Kantor, representing Van de Kamp before the court, also argued that there was a constitutional right to free speech involved, but the judge did not rule on that point.

Ron Ingram, general counsel of the Chronicle Publishing Co., said Monday, “We can appeal this ruling or we can proceed to trial on the merits of the ad. We haven’t decided.”

Chronicle officials said the paper had received irate phone calls from subscribers who thought that the paper was attacking Feinstein in the ad.

Van de Kamp’s photograph appears at the bottom at the end of the ad along with the legally required disclaimer that the ad was paid for by him.

Because the Chronicle is cited in the ad, its officials were particularly upset with one charge made by Van de Kamp: that “hundreds died due to ambulance failure” while Feinstein was mayor.

That is a reference to a report by a committee of emergency physicians that said the city’s ambulances were too slow in responding.

Dr. David Werdeger, San Francisco director of health, said that the doctors’ report was exaggerated and that when asked to improve the ambulance service, Feinstein responded quickly.

The Chronicle decided to sue when it saw a photograph taken from the ad in the Los Angeles Times in which the Chronicle nameplate appears. The Times and other newspapers in California have begun to provide analysis of negative commercials, starting with the Van de Kamp spot.