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September 16, 2004

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» Frivolous Trademarks from ACSBlog: The Blog of the American Constitution Society
Notes for the Legal Underground reports that the American Tort Reform Association has trademarked the phrase "Judicial Hellholes." In comments, Federalist 84 expresses doubt that this trademark would ever be upheld by a court. Does this mean that in or... [Read More]

Comments

Kevin

ATRA has inded registered it (http://tess2.uspto.gov/bin/showfield?f=doc&state=4ipqfk.2.1) for us in Class 35 for:

PROMOTING PUBLIC AWARENESS BY PROVIDING INFORMATION RELATING TO THE BIASES IN THE AMERICAN COURT SYSTEM; ASSOCIATION SERVICES RELATING TO PROMOTING THE INTERESTS OF INDIVIDUALS CONCERNED WITH THE NEED FOR ADDRESSING BIASES IN THE AMERICAN COURT SYSTEM.

Makes me think we should pick a day where we abuse the heck out of their trademark.

Federalist No. 84

Makes me think we should pick a day where we abuse the heck out of their trademark.

Hell yeah - I'm down. We could have a massive day of civil disobediance. (Besides, I don't think their trademark would be upheld). I'd LOVE for the American Tort Reform Association to sue me. Could you imagine the headlines. Even the boys at overlawyered would have to blog about it.

Let's do it!

Alan

Despite my inclination otherwise, I'm with Federalist. I'd love to see that lawsuit. And blog about it.

Abnu

How 'bout a Googlebomb or two?

Many bloggers, especially important bloggers (you know who you are), might post links like these:

Judicial Hellhole link to: http://www.legalunderground.com/2004/01/bridge_to_the_j.html

Pile of Steaming Buncombe

That might give top billing to Evan Schaeffer's post in any Google search for the term "Judicial Hellhole" which is now held by ATRA. Evan's post is now the 8th result in a search for "Judicial Hellhole" on Google.

The ATRA report on Judicial Hellholes would be the first site returned when searching Google for a "pile of steaming buncombe" --and wouldn't that be retributive justice for ATRA's ill-conceived attempt to "own the words" Judicial Hellhole on the internet?

Evan

It's nice to see I'm not the only one who thinks ATRA's actions are absurd. And thanks to Abnu for complimenting my "buncombe" phrase.

The word was a favorite of H.L. Mencken's. In my view, everyone would benefit from a pinch of Mencken now and then.

Abnu

A specialist in the law of unintended consequences, Kevin Heller at Tech Law Advisor created this post, which attempts a Googlebomb--only to find himself ranked just ahead of Evan Schaeffer in a search of "Judicial Hellhole" on Google, today. [Results may vary as more relevant bloggers participate in this experiment.]

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