LEXINGTON, Ky. — State officials are threatening to sue a Harrodsburg man for his "satirical" use of the state logo on his controversial Web site.

In November, a horse-head graphic and the phrase "Unbridled Spirit" were chosen as the state's brand logo and slogan by residents and out-of-state enthusiasts.

Bart McQueary claims his use of the logo on his Web site, accompanied by the words "Kentucky: The World's Largest Whorehouse," is an exercise of his First Amendment right to free speech.

But Ellen Benzing, executive director of the state Office of Legal Affairs, sent a "notice of infringement" to McQueary on Feb. 3, saying that he is violating federal trademark law.

"You are hereby demanded to immediately CEASE AND DESIST from posting or using in any manner the Kentucky Unbridled Spirit logo, slogan or any other mark, notation or slogan of similar likeness," the letter said.

If McQueary refused to cooperate, the letter threatened civil action in U.S. District Court. McQueary responded on Feb. 14 with a letter saying that "there will be nothing removed from my Website."

The graphic — shown without the words "Unbridled Spirit" — is found on www.bartmcqueary.com and www.godhatesharrodsburg.com, in which McQueary proclaims "gospel preaching" regarding adultery, homosexuality and other subjects.

McQueary said the "world's largest whorehouse" is a reference to the state's "high divorce rate, our divorce and remarriage rate, our infidelity rate, teen-pregnancy rate." He said the state cannot legally force him to pull the logo because he does not use it for commercial purposes.

"It's the satirical use of something," McQueary said. "You don't have to get permission for a parody."

The state is investigating McQueary's use of the logo but no decision has been made on whether to file suit against him, Benzing said. While McQueary doesn't appear to be using the logo for profit, "he certainly would have needed to inquire regarding permission or authorization prior to use of that mark," Benzing said.

"We certainly wouldn't have granted permission to misappropriate in the fashion that he has," she added.

A lobbyist for the American Civil Liberties Union and a New York trademark attorney both said McQueary has federal law on his side.

Marvin Johnson, an ACLU lobbyist who testified before a congressional subcommittee last month on a pending trademark bill, said McQueary is not guilty of trademark infringement.

"I cannot imagine anybody being confused that the state is actually sanctioning this, particularly since he is lampooning the state itself," Johnson said.

Attorney David H. Bernstein agrees with Johnson. Bernstein works for the Debevoise & Plimpton law firm in New York and is a former member of the board of directors of the International Trademark Association.

"What he is doing is not trademark infringement," he said. "People who are familiar with the logo and who know Kentucky know the state is not saying 'Come visit Kentucky, we're a whorehouse.'"

Bernstein and Johnson said the state could sue McQueary for "dilution," which is defined as the unauthorized use of a highly distinctive mark in a way that tends to blur its distinctiveness or tarnishes its image. But the chances that the state would win are slim, they said.

"Not only is it a losing effort, it's probably given this guy a bigger soapbox than he otherwise would have had," Bernstein said.

Lawsuits are nothing new to McQueary. As an ACLU member, he was a plaintiff who filed suit against the posting of the Ten Commandments in the Mercer County Courthouse.