Can You Trademark Awareness Of A Disease?

from the someone's-trying dept

BoingBoing has the latest story of trademark insanity, where a "charity" focused on the rare, but apparently serious disease of Congenital Diaphragmatic Hernia (CDH), is trying to trademark the phrase "Congenital Diaphragmatic Hernia Awareness" and appears to be threatening other charities for using the phrase, and (according to this petition) has filed complaints to get fundraising stores shut down for using the phrase. The whole thing is so bizarre, and so far outside the purpose of trademark law that it's really difficult to understand how this issue could have gone as far as it has. But, you have to say one thing for the charity doing this: they have "raised awareness" of CDH.

Filed Under: awareness, congenital diaphragmatic hernia, trademark


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  1. identicon
    Anonymous Coward, 10 Jan 2009 @ 12:54pm

    Re: Re: Re: Details - Details...

    Perhaps you should try reading comments 2, 4, 5, 6, 8, 9, 12, 14, 15, 18 and 19 to this article before posting a comment such as this. Each of these comments are being made by persons who demonstrably have not the slightest understanding of trademark law comprises and how it works.

    For one who constantly criticizes persons who express opinions on this site that you feel reflect ingonorance of basic economic principles, it seems a bit hypocritical to criticize persons who express opinions on this site that do reflect substantive knowledge of applicable law.

    Quick now...and without searching the internet or some other reference...can you identify the constitutional provision from which federal trademark law is derived? Likewise, what is the TMEP (again, no peeking)? If one understands even a modicum of substantive trademark law, they should be able to answer these questions in mere nanoseconds.

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