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
    Jim, 12 Jan 2009 @ 6:55am

    Re: Re: CDH Awareness

    By the very long and interesting list of "attacks" on the other organizations it seems as though the offending charity is threatening the others by claiming ownership of this flimsy trademark. You cannot help but sympathize with the organizations who have filed the Petition to Cancel clearly in an effort to stop the attacks.

    I looked up CHERUBS on the IRS site and several charity sites and their state site and it looks to me that they are in good standing and have been in existence for a long time. It took some searching but I found their IRS paperwork on their extensive site also. I could not find the word Awareness itself trademarked.

    In doing this search which only goes to show that I have entirely too much time on my hands I found several interesting documents on the history of this Elizabeth person.

    I am not a man easily swayed by female drama but I found myself popping popcorn and reading these documents until 3am. I would recommend that CHERUBS file charges against her and Breath of Hope on several grounds. At the very least someone needs to sue this woman in hopes that a judge will order psychiatric care or counseling and a proverbial time out since it seems that she cannot play well with others.

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