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. icon
    Mike (profile), 12 Jan 2009 @ 12:44am

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

    Heh. You must have been one of those kids in high school who picked on others who didn't know all the right rules of grammar.

    Do you really feel so superior because you're a lawyer? You come here pretty much every day with some similar comment every day, and it doesn't make you look smart. It just makes you look like a condescending brat.

    Yes, I'm quite aware of the constitutional backing of trademark law. It stems from the commerce clause because trademark law is about commerce. This is, of course, different from where copyright and patent law come from. Yay. So brilliant.

    If I didn't know that, though, it wouldn't have made any freaking difference in understanding whether or not this bit of trademark law made sense. Bringing it up is meaningless to this discussion, and the only purpose of doing so is to give you another chance to appear smug and superior. I have no problem admitting that I'm unfamiliar with TMEP, so after doing so I've looked it up, and I see, again, that it's rather meaningless to the discussion, but I'm glad it makes you feel superior. That must be enjoyable.

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