Trademarking A Phrase
By Amy E. Feldman
PHILADELPHIA (CBS) - You want an ice bucket challenge? Try trademarking the phrase "ice bucket challenge".
The ice bucket challenge, the ALS Association's fundraising juggernaut has raised about a hundred million dollars for the organization. Because of what it claims are imposters and frauds, it's moved to trademark the phrases ALS Ice Bucket Challenge and just plain old Ice Bucket Challenge. But can they get it?
In order to trademark a phrase, they have to show first that they own the phrase, when in fact there's a long history of people dousing themselves, from the Polar Bear Plunge to the Gatorade Shower and in fact, when Slate traced ground zero for this ice bucket challenge, it looks like it started with someone's attempt to raise money for his nephew's juvenile diabetes.
And, they'll have to show the slogan is used in commerce in a way that the public recognizes that it is being used as a trademark and is distinctive.
"Finger lickin'good" for KFC, McDonald's "I'm lovin' it" and "Let's get ready to rumble" before a wrestling match - all have been trademarked. But generic phrases can't be protected by trademark.
So, proving that the ice bucket challenge is distinctive to ALS and not just a generic phrase may prove to be the biggest ALS challenge of all.