Sarah Palin has made a name for herself as a reality television star and grizzley Mom. Now she is trademarking that name as is her daughter Bristol Palin.
Bristol Palin has a one-line resume consisting of coming in second in Dancing with the Stars. However, if you want to use that name, you will have to check with her lawyers.
It gets even dicier when you start to publish how The Palins Went to the Super Bowl. In advertising you cannot use the term Super Bowl now that the NFL has claimed it as a trademark. You must say “The Alaskan Woman With The Reality Show To Go To Big Football Game.” “Cheeseheads” and “Steelers towels” have also been trademarked, according to this report The NFL even tried to trademark the phrase “The Big Game” to snare people who try to make any reference to the championship game. The Saints have trademarked “Who Dat?”
Businesses have used trademark laws to slam competitors. North Face sued over the parody company, South Butt. We have seen Apple sue over the mere use of an Apple symbol.
I have repeatedly objected to our run-away trademark and copyright laws. Congress is complicit in this ridiculous trend of people and companies claiming the most basic words and symbols as their propriety interests. The result is stifling of public disclosure and creativity. Simply saying that this does not restrict everyday conversations is not enough –as shown by the litigation over Susan G. Komen For the Cure. It restricts a wide array of speech in the marketplace. However, Congress has done nothing to stop this abuse. It is ridiculous to allow terms like Super Bowl to be claimed as private property but U.S. laws are allowing the privatization of general terminology and a host of lawyers are threatening people over the use of the terms in commerce.
The true absurdity of our current laws is shown by the abusive litigation of Susan G. Komen For the Cure — an organization fighting breast cancer. Komen has sued public interest groups who dare to advertise that they are seeking money or support “for the cure,” ranging from “Bark for the Cure” to “Kayaks for the Cure.” While claiming to want to fight breast cancer in endless ads played on the radio and television, the organization is crushing smaller groups trying to raise money for a cure to breast cancer. The organization has reportedly spent over $1 million that could have gone to breast cancer research to sue other public interest organizations. It is a disgraceful “scorched earth” campaign by a group that has become a fundraising machine.
Actually when will someone in Congress step forward to stop this madness?
Jonathan Turley
Source on Palin story: ABC
I am thinking that Sarah Palin should trademark the phrase, “Palin, the Village Idiot”, or “I can see Russia from my porch”, or “I’ll get back to ya”! I agree that allowing trademark protection for common words and phrases is abusive, but I don’t expect any change until Buddha’s situation arises and the Koch Brothers want to pay someone to change it.
eniobob
That’s an interesting article. Ms. Palin could have attended both functions depending on time constraints. Either she dropped one because ticket sales were evidently poor, or they dropped her because of percieved or actual security concerns.
If the latter, this is an unfortunate turn of events. We don’t need tea bagger tactics from the left any more than we need them from the right, though one might say this is hate rhetoric come home to roost.
Don’t look over your shoulder, Sarah. Michele Bachmann is gaining on you. She speaks authentic North Country gibberish too. And she can out-stupid you 2 to 1. More stupid = more votes. And may God continue to bless the United States of America, ya betcha by golly.
Local group cancels Palin visit, citing “personal attacks”
By Jeremy P. Meyer
The Denver Post
Posted: 02/05/2011 04:12:31 PM MST
Updated: 02/05/2011 11:10:17 PM MST
http://www.denverpost.com/recommended/ci_17304920
“Please reassure me that there’s no wishful thinking going on there :-)”
Lottakatz…..it’s fear…^00^
Tea Party darling Sarah Palin spouts nonsense with criticism of protesters in Egypt
Mike Lupica – News
Monday, February 7th 2011, 4:00 AM
http://www.nydailynews.com/news/politics/2011/02/07/2011-02-07_for_simpleminded_sarah_skepticism_about_egypt_goes_beyond_the_palin.html
Woosty=^..^: “…so I wonder what our next flag will look like? Bet it’s got a giant pic of Sarah Palin(c) and maybe she’ll be nekkid!!!!!”
—
To have that image put into my mind so early is akin to mental abuse 🙂 It buuuurns!
Please reassure me that there’s no wishful thinking going on there 🙂
Elaine, great cartoon! Thanks.
One of the good things about a copyright is that one could still bring suit simply to harass; no more unflattering SNL skits if every time one was done a suit alleging ‘dilution’ of the brand were filed. It would probably be most useful against less wealthy and high profile business and people like the people that have “Sara Palin” (Is An Idiot) websites and the folks that made the above cartoon. It’s not that Sara Palin ™ could win them all or even one of them, it could be used simply to chill speech. Specially if you had a lot of campaign money to pursue it.
Couldn’t be telling the country any louder that she is NOT running for President.Take that to the bank.
I posted this video on an old Palin thread a few days ago–but I doubt many people saw it.
[youtube=http://www.youtube.com/watch?v=cbx6M_maW2k&w=640&h=390]
Do you think she’ll try to trademark “Caribou Barbie” too?
oh fiddle….
[youtube=http://www.youtube.com/watch?v=UTduy7Qkvk8&w=480&h=390]
down with the Koch Brothers.
http://www.wikio.com/video/progressive-rallyists-call-lynching-clarence-thomas-5014373
“When someone wealthy or a corporation pays them to.”
Hear Hear!
That said, I can no longer call myself an ‘American’. The behaviors and beliefs that that word used to connote do not, apparently, exist here anymore. This Country has been sold as if a slave to those whose dissolute and profligate cravings are back seat driving this entire Nation.
My only other alternative is to trade mark the word ‘American’ and sue everyone that so smears the good name….
Looks like we have finally become the shadow of that World that we sought to leave behind in 1776. After all, according to Wikipedia, the USA is ‘The United States of America (also referred to as the United States, the U.S., the USA, or America) is a Federal Constitutional Republic comprising fifty states and a federal district.’ (and all this time I thought I lived in a Representative Democracy!)…power stolen by the clever use of words…or maybe,
http://www.youtube.com/watch?v=UTduy7Qkvk8
so I wonder what our next flag will look like? Bet it’s got a giant pic of Sarah Palin(c) and maybe she’ll be nekkid!!!!!
Any trademark can still be used by anyone to identify the branded product. I can still say “Super Bowl” to talk about the Super Bowl, or anything authorized by the NFL to associate with the Super Bowl, without fear of infringement suits. Likewise, even if “Palin” is trademarked (and there are many reasons the registration could fail), we can still talk about Sarah or Bristol all we want; we just can’t slap their name on a TV show (I presume that’s the field of commerce she’s claiming). Even making Palin-brand beer is still fair game since she’s never produced beverages in commerce.
Any trademark can still be used by anyone to identify the branded product. I can still say “Super Bowl” to talk about the Super Bowl, or anything authorized by the NFL to associate with the Super Bowl, without fear of infringement suits. Likewise, even if “Palin” is trademarked (and there are many reasons the registration could fail), we can still talk about Sarah or Bristol all we want; we just can’t slap their name on a TV show (I presume that’s the field of commerce she’s claiming). Even making Palin-brand beer is still fair game since she’s never produced beverages in commerce.
Professor, I respect that you’re an expert on torts and constitutional
how can you copy right “for the cure”? And why would you, if your motive was to fight cancer?
I wonder how much of the money raised actually goes to cancer research or support services for cancer patients?
Palin trademark application refused — for now
Former Alaska Governor Sarah Palin’s bid to trademark her name and that of her daughter, Bristol, ran into trouble at the U.S. Patent and Trademark Office because the application forms were unsigned, government records show.
…
The office also said Palin’s application failed to show that her name had been used in commerce and could also be rejected on those grounds.
“Actually when will someone in Congress step forward to stop this madness?”
According to Citizens United, the answer is “When someone wealthy or a corporation pays them to.”
The idiocy of our current copyright and trademark systems is only matched by the ridiculously inefficient and malingering patent system. If we as a country are to remain competitive globally? These systems – all of which are ripe for abuse and wasting the time of courts better spent on more meritorious litigation – must be brought from the 19th Century and into the 21st Century. Frivolous and abusive litigation such as the ridiculous trademark cases of the Komen charity and the patent trolling of SCO need to be stopped at a systemic level.