Hogan responded to the union’s request by sending campaign staffers to MSEA headquarters with a fruit basket and a note saying, “there are plenty of apples to go around!” The teachers’ union sued the governor’s campaign for trademark infringement.
On Monday, Montgomery County Circuit Judge Michael Mason denied a preliminary injunction to immediately block Hogan from using the apple in campaign materials, according to both union officials and Hogan’s lawyer.
The union, whose leadership Hogan has publicly derided as “thugs,” promised to pursue the lawsuit to trial, even it is not resolved before the Nov. 6 election.
The teachers filed a similar lawsuit in 2014 when then-attorney general Douglas F. Gansler handed out apple-shaped ballots before the gubernatorial primary. Gansler and the teachers settled that lawsuit six months after the election.