January 15, 2013
Subject: Updating the Status of the Libertarian Party of Oregon activities
Dear Members of the Libertarian National Committee, Inc.
We understand that you have recently been contacted by Mr. Wagner and his
attorney regarding our recent decision to incorporate the Libertarian
Party of Oregon. We want to make sure that you understand our current
circumstances and why we took this course of action.
As you are most certainly aware, there are two factions claiming to be the
rightful leadership of the Libertarian Party of Oregon. One group, the
“Wagner Group,” was implicitly supported by last term’s Judicial Committee
when they chose to recognize whomever the Oregon Secretary of State would
recognize. Our group, the “Reeves Group,” was implicitly recognized by
the Convention in Las Vegas when they decided to seat our group’s slate of
The Oregon Secretary of State has decided that it can’t legally enter the
fray and will only recognize a new set of officers if the outgoing Chair
(Wagner) signs paperwork acknowledging the new officers or if there is a
court order. Obviously, the normal course is not available to us, so
regretfully we are going to court to seek remedy.
We look forward to having our day in court so that we can overturn the
horrible injustice that Mr. Wagner did to our membership when his gang of
five canceled our convention and discarded our bylaws. We know the law is
on our side and we are frustrated by the technical maneuvers by the
defendants to delay our day in court since we filed our lawsuit one year
We had heard through the grapevine that Mr. Wagner’s group had a backup
plan upon our prevailing in court – they intended to form a corporation to
deny the rightful affiliate of Oregon the exclusive right to the name
“Libertarian Party”. And then we and the Libertarian National Committee,
Inc. would have a very expensive trademark suit to defend our rights. We
decided to preempt them. And it appears that our instincts were correct,
given that Mr. Wagner’s team bothered to research the matter recently and
found that we had acted before they had an opportunity to do so.
We find it interesting that Wes Wagner had previously asserted that the
Libertarian National Committee does not have a right to the name
‘Libertarian Party’ in Oregon because the LPO’s use allegedly predates the
LNC’s trademark filing, and yet he now wants the Libertarian National
Committee, Inc. to get legally entangled in this matter by suing us based
on the LNC’s ownership of the name.
To alleviate any concern and clear up any misconception, we want to assure
you that we created the corporation to protect the Libertarian National
Committee. You’ll note that in our articles of incorporation that we made
the Libertarian National Committee the recipient of all the assets of the
Libertarian Party of Oregon, Inc. in the event of the dissolution of the
organization. We weren’t required to do that. That was done purposely
because among the assets of the Libertarian Party of Oregon, Inc. is its
name and we want to make sure that the name is protected for the use of
the Libertarian National Committee and its rightful affiliate.
In the unlikely event that we were to lose in court (including any
appeals), then we would turn over the assets (including the name) of the
Libertarian Party of Oregon, Inc. to the Libertarian National Committee,
Inc. We assume that Wes Wagner would not want to operate under this
corporation because by doing so he would be agreeing that the Libertarian
National Committee, Inc. has the sole right to the trademark of the name
Assuming our opponents do not take further action to delay justice, we
believe that we will soon prevail and lift the cloud that interferes with
our rightful recognition as a political party in the state of Oregon.