Patent Office: “EvilChristians”=Trademark; “Islamic Rage Boy”=No Trademark

posted at 5:33 pm on September 11, 2007 by see-dubya

You folks remember “Islamic Rage Boy“, yes? Potfry and Buckley F. Williams are the bloggers (at The Nose on Your Face) who first distilled the wild-eyed wire-service photos of professional Kashmiri protestor Shakeel Bhat into the ultimate cariacature of militant Islamism. A cariacature so spot-on that it even provoked CAIR frump-in-chief Ibrahim Hooper to debate Potfry on BBC radio. They decided to protect their intellectual property, so in addition to a copyright, they decided to apply to have the image trademarked as well.

The patent office told them no, because IRB is “disparaging”. And as is meet, right, and the bounden duty of any conservative humor blogger confronted with government bureuacracy, Potfry fisked the Patent Office’s rejection. Sample? Sure–under fair use, of course:

Indeed, Al-Qaeda’s second in command Ayman al-Zawahri threatened Americans by stating “You are facing the Islamic rage“ (if you insist on making our points for us, the least you could do is approve the trademark.). Here, applicant’s mark essentially creates that very offensive image of grouping all Muslims as terrorists (are you responding to our request for the trademark of “Islamic Rage Boy” or the lesser known “Islamic ‘Every Single Muslim Is A Bloodthirsty Killer’ Rage Boy”? Because we withdrew that one last year.). Indeed (again with the “indeed”, I think you might be hearing from Glenn Reynolds’ attorney.) there are millions of Muslims the world over who are living peaceful lives and have a great love of their religion (and there are a great many people – Muslims, Christians, Jews, Hindus et al- who are no longer living because of the fascist beliefs and murderous acts of Muslim extremists. Tell me again why we can’t make fun of them?). Accordingly, it is wholly inaccurate and offensive to label all male Muslims as being extremists (Fair enough, but based on my experience so far it seems perfectly reasonable to label all patent attorneys “politically-correct, mincing douchebags”) .

Now, I’m not a patent lawyer, and I don’t know whether the U.S. Patent & Trademark Office did its job right or not.

All I know is that it’s kind of funny that “Islamic Rage Boy” gets pooped on by the PC police for being “disparaging”, but “EVILCHRISTIANS” is a registered trademark, defended by the might of the United States Government.

____
You can search the database of the USPTO here to see what other trademarks they’ve granted. (Note–granted; many of the items in the database are unsuccessful or pending applications. Check the “TARR” history to see the status of each application.) I found EvilChristians in two minutes. So, Exit Question: What else will the blogosphere uncover there?

UPDATE: Allahpundit will be pleased to learn that the “Jew Watch” moron who infests You Tube got his trademark application rejected. Good call.

MORE: An initial refusal for “Sudden Jihad Syndrome”, filed by a counter-terrorist training company in McLean, VA, though in this case the grounds for refusal are that the term is merely “descriptive”. Robert Spencer’s “Jihad Watch” was approved.


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A treasure hunt!

Zorro on September 11, 2007 at 5:43 PM

trademarks and patents are different, arent they?

http://www.lawmart.com/searches/difference.htm

lorien1973 on September 11, 2007 at 5:43 PM

I searched for “Jews” and found this.

Attila (Pillage Idiot) on September 11, 2007 at 5:44 PM

Never happen, but I would really love to know the religious makeup of staff at the office of Patents and Trademarks.

MadisonConservative on September 11, 2007 at 5:44 PM

Yeah, they’re different, but the same agency approves and registers patents, copyrights, and trademarks.

see-dubya on September 11, 2007 at 5:45 PM

By the way, most of the Jew stuff is innocuous, but “Jew Watch” is there.

Attila (Pillage Idiot) on September 11, 2007 at 5:46 PM

Thats interesting. I wonder if the patent office would grant the EVILISLAMICS trademark? There would be no better measure of their supposed bias then using the exact same word structure as EVILCHRISTIANS and then seeing how they react. I think we all know how that would turn out but it would be interesting to see it in its most obvious form.

Also, if anybody had the desire to fight it, using the same exact word structure might make for a pretty solid legal case.

Zetterson on September 11, 2007 at 5:47 PM

Found “Kinky Christians”

O-Dub on September 11, 2007 at 5:47 PM

I guess Jew Watch is pending.

Attila (Pillage Idiot) on September 11, 2007 at 5:48 PM

I would have declined the trademark as being too general personally. “islamic rage boy” – which one?

I think any outrage here is a little phoney personally. Having been involved with trademark disputes with people who think they are god for owning a phrase; I agree with the patent office.

lorien1973 on September 11, 2007 at 5:48 PM

Looks like “Jew Watch” was initially denied–just as IRB was.

see-dubya on September 11, 2007 at 5:50 PM

So I go to uspto.gov to try a search or two, click in the field to start typing. Thanks to the magic of ajax, it comes up with a list of previous searches that other people have done. It’s all “evil jews” “kill jews” … and on and on. You people have been busy!

pedestrian on September 11, 2007 at 5:50 PM

so if you named your band, IslamicRageBoy would it then be eligble for a trademark?

Canadian Imperialist Running Dog on September 11, 2007 at 5:52 PM

The magic of ajax?

It’s great on mildew, but what else does it do–give you psychic powers? Do I sprinkle it on my keyboard?

see-dubya on September 11, 2007 at 5:59 PM

hmmmm. Jihadwatcher, this time you are right. Evil Christians indeed!

Christoph on September 11, 2007 at 6:08 PM

You should totally install an Ajax comment plugin so when we’re watching a video we can comment on it.

Christoph on September 11, 2007 at 6:09 PM

All I know is that it’s kind of funny that “Islamic Rage Boy” gets pooped on by the PC police for being “disparaging”, but “EVILCHRISTIANS” is a registered trademark, defended by the might of the United States Government.

Not to agree with the patent people here, since I don’t actually agree with them, but I don’t think “evil Christians” is necessarily disparaging against Christians any more than “evil people” disparages against people.

I don’t see how “Islamic Rage Boy” disparages against Islam either, except that Islamic Rage Boy is filled with Islamic rage, which is a little different from being evil and a Christian. The two words are more connected, since Islamic describes the rage instead of the boy.

Again, I’m not saying I agree with the patent people and sincerely believe they’re being completely stupid here, but I do see how someone could see a difference if someone were trying to do so.

Esthier on September 11, 2007 at 6:11 PM

Esthier on September 11, 2007 at 6:11 PM

???????????????? you are serious, are you ????????

SIJ6141 on September 11, 2007 at 6:17 PM

Again, I’m not saying I agree with the patent people and sincerely believe they’re being completely stupid here, but I do see how someone could see a difference if someone were trying to do so.

Esthier on September 11, 2007 at 6:11 PM

Yeah and thats precisely why I was curious to know the result of EVILISLAMICS.

Zetterson on September 11, 2007 at 6:18 PM

hmmmm. Jihadwatcher, this time you are right. Evil Christians indeed!

Well, there you have it, people. Christoph works for the patent office. First he denied any double stand existed, he denied any wrong doing on the part of the patent office, but now that the double standard and bias is exposed, his only wiseguy retort? “Evil Christians, indeed”.

jihadwatcher on September 11, 2007 at 6:20 PM

Jiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiihaaad!

JayHaw Phrenzie on September 11, 2007 at 6:21 PM

As I mentioned in the headline thread of this same topic, this guy needs to come up with a patentably distinct action figure that he could call The Islamic Rage Boy Action Figure. The USPTO would not be able to refuse to grant a patent on the same grounds that it refused the trademark.

thirteen28 on September 11, 2007 at 6:25 PM

Yeah and thats precisely why I was curious to know the result of EVILISLAMICS.

Zetterson on September 11, 2007 at 6:18 PM

I’d be interested in that as well.

???????????????? you are serious, are you ????????

SIJ6141 on September 11, 2007 at 6:17 PM

I don’t make fake posts for websites if that’s what you’re asking.

Esthier on September 11, 2007 at 6:32 PM

so if you named your band, IslamicRageBoy would it then be eligble for a trademark?

Canadian Imperialist Running Dog on September 11, 2007 at 5:52 PM

Not a clue. I never took a patents class in law school.

But I *DO* know that it would be a really, really cool name for your band.

And you’d get heaps of free publicity.

Live … in concert … for one night only … Islamic Rage Boy!

Chicks would dig it.

You’d need a lot of security, though. Probably some surface-to-air missiles on your tour bus would be a good idea. For starters.

Professor Blather on September 11, 2007 at 7:14 PM

Great, so now we’re being afronted by Bureacratic Rage Agency.

BKennedy on September 11, 2007 at 7:48 PM

but “EVILCHRISTIANS” is a registered trademark, defended by the might of the United States Government.

The atheists must be slipping. No one has trademarked “EvilAtheists” either. Hmmm.
See-dubya, you’d better send AP a “heads-up” on this.

My collie says:

What about EvilCollies?

CyberCipher on September 11, 2007 at 7:50 PM

Evil Collies?

No such thing.

see-dubya on September 11, 2007 at 7:54 PM

Zetterson at 5.47PM
Good Point, Good question…if I had the time I’d pursue it…~

bridgetown on September 11, 2007 at 8:22 PM

My collie says:

What about EvilCollies?

CyberCipher on September 11, 2007 at 7:50 PM

Heh heh heh I just heard that Lassie was headed over to have a little chat with your collie, your collie better have plenty of cold beer and a damn good explanation for that last suggestion otherwise Timmy might not be the one being reported down the well this time…

doriangrey on September 11, 2007 at 8:42 PM

My collie says:

What about EvilCollies?

CyberCipher on September 11, 2007 at 7:50 PM

Heh heh heh I just heard that Lassie was headed over to have a little chat with your collie, your collie better have plenty of cold beer and a damn good explanation for that last suggestion otherwise Timmy might not be the one being reported down the well this time…

doriangrey on September 11, 2007 at 8:42 PM

Sorry for the double post, something a little odd going on…

doriangrey on September 11, 2007 at 8:45 PM

None of the US Patent & Trademark Office office actions (rejections) for this mark concerned it being ‘immoral or scandalous’ (a legitimate reason for denying registration), but concerned it being registered as ‘evilchristians’ while the specimins provided read ‘evilchristians promotions’.

dm60462 on September 11, 2007 at 8:55 PM

For a serious trademark challenge, it would have to be “EvilMuslims“, not evilIslamics“, since the followers are not called that, but “Muslims“.

It costs about $650 to get a trademark, and takes about 6 – 12 months, if it is a simple mark.

(I have one, and it was a fairly straightforward process, done without a lawyer, both online and with two snail-mail letters …to clarify a typeface and its color and to prove that the item was on sale and in production.)

If I had the spare $650, I’d go for EVILMUSLIMS as a test case.

If you put the logo/image “ISLAMIC RAGE BOY” on a T-shirt, print up samples, and try to trademark it that way, it might work better.

profitsbeard on September 11, 2007 at 10:04 PM

Indeed (again with the “indeed”, I think you might be hearing from Glenn Reynolds’ attorney.)

Or Christopher Judge

Oh, anyone TM’d ‘Malkins’?

- The Cat

MirCat on September 11, 2007 at 10:09 PM

If you had the spare $650, profitsbeard, there are probably more productive ways to spend it.

Like finally getting me a guyPod.

see-dubya on September 11, 2007 at 10:14 PM

see-dubya on September 11, 2007 at 10:14 PM

That’s enough to make a dude wanna buy a fanny pack to go with it.

- The Cat

MirCat on September 11, 2007 at 11:40 PM