Apr 1, 2014 2:55 PM by David Randall
DENVER (AP) - A federal judge has dismissed part of a lawsuit filed in connection with attack campaign mailers that featured the engagement photo of two gay men kissing.
U.S. District Court Judge Wiley Daniel agreed that the photo's use was noncommercial and a matter of legitimate public concern. However, he also ruled that the gay New Jersey couple and their photographer have a possible copyright infringement claim.
The mailers targeted two Republican Colorado legislative candidates who lost their primary races in 2012. The backgrounds of the mailers were altered, with the Manhattan skyline and Brooklyn Bridge replaced by Colorado scenes, but each featured the photograph of Brian Edwards and Thomas Privitere kissing.
The Denver Post reports the New Jersey men believe they were innocent bystanders whose image was stolen.