From now on all mentions of America’s favorite snowbilly and her clumsy daughter must read as follows:
Sarah Palin™ / Bristol Palin™
Our legal staff will be monitoring the situation closely and will give immediate notice when we need to change these mentions to:
Sarah Palin® / Bristol Palin®
dmsilev
Ahem: Might want to wait a bit on that.
dms
Davis X. Machina
Consistent with the world view of our lords and masters.
Nothing exists that is not at least potentially property.
And anything that isn’t someone’s property, properly speaking doesn’t actually exist.
Blessed be the Market, the righteous Judge,
cathyx
What if another person has the same name? Surely she’s not the only Sarah Palin™ in the world.
JPL
I assume that Snowflake Snooki is still okay.
Don K
I’ll just call her She Who Must Not Be Named.
mistermix
@dmsilev: I assume she’ll get her shit-show fail-parade clown-car posse to fix that, so it’s Sarah Palin™ from now on, as far as I’m concerned.
Amir_Khalid
Will Michael Palin have to retire from showbiz?
asiangrrlMN
Sarah Palin(GotC)* is more like it. And, for Grifter Junior, Bristol Palin (NWSbaHTCoHB)**.
*Grifter of the Century
**Nonentity Who Should be at Home Taking Care of Her Baby
mistermix
@cathyx: Sorry, had to edit your comment, it didn’t follow our clear Palin™ guidelines.
mistermix
@Don K: That’s she who must not be named™ to you, mister.
aimai
I’m worried about when it mutates to Palin (Inc.)
aimai
Davis X. Machina
@asiangrrlMN:
I prefer TBogg’s ‘club-footed baby-pooper’, but tastes vary.
Omnes Omnibus
Does the blog have errors and omissions coverage for when someone inevitably screws this up?
dmsilev
@mistermix: That’s a dangerous assumption. Me, I’d assume that she’ll quit the fixing process halfway through.
dms
debit
@Davis X. Machina: See, I was thinking ‘Bristol Abstinence How Does it Work Palin’ but TBogg’s does have a certain elegance that’s hard to top.
SBJules
Not so fast. The L.A. Times says this morning that the U.S. Patent and Trademark Office because the application forms weren’t signed! The office also said that Palin’s application failed to show that her name had been used in commerce and that it could also be rejected on those grounds.
Isn’t that just like Palin?
dmsilev
@aimai: I can’t wait for the IPO. Looks like PLN is available as a ticker symbol.
dms
Anya
Does this mean the grifter quitter, formerly known Sarah Palin, will not run for president, now that she’s a product? How could she disppoint David Plouffe like that?
dmsilev
@Omnes Omnibus:
There’s plenty of ‘errors and omissions coverage’. Just search for ‘Megan McArdle’.
dms
Davis X. Machina
@debit: Some people write with pens of gold, some people write with a ball-peen hammer. TBogg is one of the latter. His “Shut Up Dumb Lady” post tag for all things Palin is perfect.
One more word, it’s worse. One less word, it’s worse. Even a comma makes it worse.
Omnes Omnibus
@dmsilev: Ha!
Chad N Freude
@SBJules: The application forms weren’t signed because she doesn’t know how to write (or perhaps, how to spell her name). The commerce thing is kind of interesting. AFAIK, she has only written (hah!) books, appeared as a paid commentator (Hannity, Beck, O’Reilly, et al, can trademark their names?), and given paid speeches (Scalia and Thomas can trademark their names?) I’m really eager to see what the P and T Office does with this.
gbear
Now if someone really wanted to piss the hell out of Sarah, they would trademark the phrase ‘President Palin’. The tsunami of poutrage and lawsuits would be most entertaining.
Jay C
@Chad N Freude:
Maybe they can go back to the last century’s habit of using an “X” or (a la The Artist Who Wanted To Be Formerly Known As Prince) an abstract symbol — something easy to scratch with a pen — as an officially-recognized “signature” — wait! Got it!
“$” – Sarah Louise Heath Palin — her mark.
Bill Murray
During some McResearch, I found that Palin got the idea when Rich Lowry was describing his post-fapping use of Kleenex™
Left Coast Tom
Didn’t McCain/Palin[tm] run against Obama claiming he was “a celebrity”?
geg6
@aimai:
Palin, Inc. LLC. Because if there is anything that says Sarah Serendipity, it’s that she is not one for any sort of liability.
Villago Delenda Est
Pardon me, but fuck these two airheaded bimbos sideways with rusty chainsaws. SOMEONE ELSE’s rusty chainsaws, not mine, I don’t want stupid cooties all over my rusty chainsaw.
gbear
@SBJules: Billy Joel also has his name trademarked. I wonder how Sarah’s commercial mileage compares to his since 2007?
Villago Delenda Est
@Davis X. Machina:
I assume “Shut Up Dumb Lady” is delivered in Jerry Lewis’ voice?
Anya
OT: Watch this interesting discussion about Egypt between Tariq Ramadan & Slavoj Zizekbetween.
gelfling545
@cathyx: Oh, Lord. I hope so.
WereBear
@SBJules: I do believe her understanding of everything is run in the same slapdash manner.
Brachiator
@Davis X. Machina:
No. No. Sarah Palin(tm) is on her way to wingnut sainthood. She will become more than mere person, more than a brand.
She will become her own corporation, Sarah Palin, INC(tm)
I was listening to a news report of her remarks at a California celebration of the Divine RonReagan’s birthday. Both men and women were gushing over her and how, unlike the alien usurper in the White House, she was just like the girl next door. And La Palin(tm) was blubbering on about how she, the Grifter, and the Gipper, both represented small town Real American(tm) values and also goodness and mercy.
Another Commenter at Balloon Juice (fka Bella Q)
On the geek side of this, it will be interesting to see how they handle the political results angle, given that the examiner has asked for more illustration of its use in commerce. But, and this can’t be said often enough, this kind of crass commercial move should rule her out of consideration for political office, beginning now. For someone so brand conscious, she seems to have failed to comprehend how this could damage the any-kind-of-actual-candidate brand. And I believe the delusional ego that is Sarah Palin(TM) has always aspired to higher office. Who could have predicted: a comprehension fail by Sarah Palin(TM)?
Davis X. Machina
@Villago Delenda Est: You can hear it right through the screen. It’s one of those new-fangled xml markup-thingies.
Chad N Freude
@Bill Murray: Does this mean that SP thinks of herself as Klenex(tm)?
debit
I hope all of you understand that by participating in this thread you’re ruining the month of February for Dana Milbank. Dicks.
Omnes Omnibus
@debit: Bonus!
burnspbesq
Y’all have got this all wrong. This is a patriotic action by the Palin family. The federal income tax paid on royalties she earns will be enough to balance the budget.
Jay C
Until Former Half-Term Governor Trademark gets her GOP pals in Congress to pass a law exempting all personal-name-TM royalties from any and all taxes, that is.
At least she’ll have Billy Joel’s endorsement…..
Poopyman
There’s a new job open for SP — or maybe Michael Steele:
(from Al Jazeera)
MikeTheZ
Fortunately, no one has yet trademarked “idiot”.
Keith
Good thing, too, because Palinco sounds too much like a company that makes chef’s knives.
Nellcote
What do they get out of having their names/images trademarked?
asiangrrlMN
@Davis X. Machina: That TBogg, he has a way with the word. I also agree that Shut Up Dumb Lady is a thing of beauty.
And, just for mistermix….
Sarah Palin. Bristol Palin. Todd Palin. Trigg Palin. Trip Palin. Willow Palin. Snowmobile Palin. Caribou Palin. Wasilla Palin. Grifter Palin. Freeloader Palin. Why Can’t I Make that Kind of Monies (CALL ME, WASH. U.!)? Palin.
Have fun, mistermix.
@Nellcote: More free publicity.
cathyx
@Nellcote: I think money if they are used without their consent.
J
Surely it should be Sarah Palin Inc. (with branches abroad scheduled to open any minute, Sarah Palin Ltd. Sarah Palin plc, Sarah Palin GmbH and so on), a strictly for profit scam
Chad N Freude
@burnspbesq: Aah, but when the income tax is repealed . . .
The Dangerman
Clearly a misunderstanding; Sarah and Bristol were trying to trade their marks.
Yutsano
@asiangrrlMN: I think my life was happier when I was flat-out ignoring her. I think I’ll go back to that please and thank you.
asiangrrlMN
@Yutsano: Agreed. I have tried stridently to ignore the whole family, but reality keeps intruding upon my beautiful mind.
How you be? My schedule is all the fuxxor.
Evil Parallel Universe
(I’m pretty sure the use of the TM and (R) above are snark, but just in case, since there seem to be questions in the comments, and b/c once upon a time I dealt with this and related issues on an almost daily basis – not the IP attorney directly, but close enough – and regarding a name much more famous and iconic, as well as more valuable in terms of “branding,” than the one in question above (yes, hard to believe but true there are personal names more famous/valuable in commerce), I give you the following information/observations based on what was once a large part of my job – and am NOT giving anyone legal advice – see DISCLAIMER (I am a licensed lawyer, you had to expect the disclaimer).)
You do not/will not need to use a TM or (R) if you are using SP to identify SP. An example: Jimmy Dean the person vs. Jimmy Dean’s (R) Sausages. The former is not a trademark, it is simply identifying the person as a person, so if someone wrote a blog post about Jimmy Dean they would not have to put a TM or (R) after the name; the latter use of the name however identifies a brand/source/mfgr of the goods. Note, however, that “sausage” in Jimmy Dean’s Sausages is NOT a part of the trademark, b/c that is simply identifying what the particular product is, not its source.
Another example – let’s say someone has the copyright to a photo of grifter “x” from the state of Alaska. That person makes posters with the picture and the name of celebrity “x” written in generic type underneath. True, the poster is a good being sold in commerce – doesn’t matter, the person selling the poster can identify the subject of the poster. (This is an actual issue I’ve dealt with – though laws can change).
Now, let’s say that a grifter from the state of Alaska has a version of her signature (usually best to stylize such a thing) that IS trademarked, and is used to identify goods or services that are the product of, or officially licensed by, said person. In that case, use of the TM or (R) with the “name” is appropriate as identifying the source/brand/mfgr of the goods in question. Think of Grifter from Alaska branded commemorative plates, where the “name” is used to denote the source of the goods.
True, it can get complicated – particularly in the poster example – imagine if a grifter from Alaska wanted to sell her own posters, and under the picture typed “name of grifter” in simple block letters? Does that identify a source of goods? Most likely not – it identifies the person. What if the name is written out in a stylized manner (i.e. script – it’s the grifter’s signature), and that is what is trademarked? Here you would get into what may be considered a gray area, b/c the stylized signature is both identifying what the picture is and, at least in theory, the source of the poster, but if I remember correctly that is not 100%. However, if the grifter from Alaska used the name – stylized or not – to identify the source of the goods, not the goods themselves – i.e. “GRIFTER (TM) or (R) Brand grifter posters” then there the use of the TM or (R) would be required.
Thus ends today’s general observations about some of the rights of celebrities, grifters or not, to the use of their name as trademarks, and how you do not have to if you simply referring to them as “that” person.
No need to thank me.
__________________________
Disclaimer
Legal Information Is Not Legal Advice
The information contained in this comment is provided as a service to the Internet community, and does not constitute legal advice. The EPU tries to provide quality information, but makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this comment. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.
Yutsano
@asiangrrlMN: My sched next week is gonna be weird. We have an in-house learning day on Tuesday that I have to go in early for, which means I’ll be home around 7ish. I’m thinking take-out Chinese might be the order of the day there.
Ella in New Mexico
@Another Commenter at Balloon Juice (fka Bella Q):
The Republican Party will always find a way to rationalize their most ridiculous, unqualified, undignified, and notorious as “even MORE qualified now that they have done X”. Unless you’re black. Michael Steele will never work in their town again.
I would also like to take the opportunity to state just how much I fucking hate the entire God-damned “trailer trash won the lottery” Palin clan. Except the little Down’s baby–he’s incredibly sweet, cute and completely innocent.
RossInDetroit
@Yutsano:
They’re like a bad wreck on the freeway. You know you shouldn’t look but you can’t help yourself.
If she incorporates I hope she does go for a big IPO. Nothing would delight me more than to show up at annual meetings and berate Sarahco for failing to maximize shareholder value.
Poopyman
OK, I’ll bite, and probably proving I’m an idiot in the process:
How does one get WordPress to make the superscript TM and the R–in–the–circle thingy?
jeffreyw
Quick! Attention must be paid! EPU has commented and the thread is as yet still current!
Chad N Freude
@Poopyman: Left parenthesis letters right parenthesis [no spaces].
asiangrrlMN
@Evil Parallel Universe: This is fascinating. Nevertheless, I am going to continue to affix TM to her name (or not, as I see fit) just because.
@Yutsano: I should have specified my sleep schedule is fuxxored. And, Mom is coming for biannual visit (Taiwanese New Year), so I have to go in deep-cleaning mode. After Taiji.
Yutsano
@Ella in New Mexico: They’re going to be run by boring stale old white guys for a very long time now. Which is a shame. But I’ll laugh if the new guy is just as incompetent as Steele.
@RossInDetroit: A bad wreck on the freeway, at least, can be cleaned up. This family is going to continue to be a stain on the country’s polity for a very long time, just because the media lurves their bright shiny objects. If you think about it, it’s really just a real-life “Beverly Hillbillies”. Except with much worse consequences.
@asiangrrlMN: Heh. Good luck with that. What are the odds of your brother running interference?
burnspbesq
OT, but this is an emergency: if you know any Arsenal fans, go to their houses immediately and remove anything that could be used in a suicide attempt.
Poopyman
@Chad N Freude:
(TM) and (R) ??
ETA: Hmmm. Half right. How about Poopyman(TM) ?
ETA2: Yay!
asiangrrlMN
@Yutsano: Yeeeeeah, right.
Yutsano
@asiangrrlMN: Hee.
Please tell me, at least, that she’s staying in a hotel. Or isn’t on one of her “You must learn Taiwanese NAOW!” kicks.
stuckinred
Sup knuckleheads?
stuckinred
CNN:
Members of leadership of Egypt’s ruling party, including President Hosni Mubarak, submit resignations, state TV reports.
MikeJ
@burnspbesq: Or drop off some things.
stuckinred
@stuckinred: Huff Post on resignation.
asiangrrlMN
@Yutsano: No on the former and her current kick…I don’t know what it is. We shall see. I is skeered!
@stuckinred: Yo. You late!
RossInDetroit
@stuckinred:
Wait. What?
I haven’t been following this. Maybe resigning from the party and remaining as President was what the protesters wanted, but I doubt it.
stuckinred
@asiangrrlMN: Been rollin since 5:30! Gotta get ready for the invasion of mildly interested football fans tomorrow.
Yutsano
@RossInDetroit: Nope. They’ve clearly said they want him gone period. I’m not even really sure what he’s hoping to accomplish now that the military won’t slaughter folks on his whim.
stuckinred
@RossInDetroit: The old shell game.
burnspbesq
@MikeJ:
Always knew you were a compassionate soul.
asiangrrlMN
@stuckinred: Including the ones who went over a week early?
Origuy
@Poopyman:
You can use HTML symbol entity codes just about anywhere. They start with ampersand and end with semicolon. So & trade; is ™ and & copy; is ©. Note that I had to use & amp; to get ampersand.
Leave out the space after the ampersand; FYWP.
♥
sukabi
@Evil Parallel Universe: so then if Grifter Alaska™ wanted to trademark her battle cry, the Fail Wail she’d have to separately trademark that under that specific name… and all the snark applied to said grifter is still considered fair use of the name… is this correct? …persons and other grifters can’t trademark themselves, just the products they produce… is this the gist of what you’re saying?
Brachiator
@Evil Parallel Universe:
Very interesting and useful real world stuff, but I(tm), for example, was not trying to be strictly legal in my references to Sarah Palin, Grifter-in-Chief(r). This probably applies to other posters as well. But I appreciate learning what the more accurate application of these terms might be.
Hmmm. Strictly Legal(tm). Could be the name of a new reality lawyers in bondage show.
SiubhanDuinne
Testing from the BlackBerry(tm)
SiubhanDuinne(tm)
SiubhanDuinne(c)
SiubhanDuinne(r)
Jager
Palin spoke last night at one of the Reagan orgies. This one was at the Reagan Ranch Center in Santa Barbara. Her entire speech consisted of one liners, example: “The only thing the Obama stimulus stimulated was a tea party”, she said “Obama’s call to win the future through inovation and new investment in clean energy and other research was just an attempt to increase government spending”! She said we should fight for St Ronnie’s principals of individual freedom and smaller government, forgetting, of course, the government grew 25% during Reagan’s 8 years in office. Palin didn’t mention when St Ronnie put on his cowboy outfit he mounted up on an English saddle!
frostys
@dmsilev: LOL. Can’t believe I didn’t see that McMegan reference to Errors and Omissions coming.
Another Commenter at Balloon Juice (fka Bella Q)
I actually have a display name that includes (TM) on another board. I’d do it here with an R, much as DougJ, son of DougJ did yesterday, but I don’t wish to spend the day in moderation.
@Evil Parallel Universe: I’m interested in your thoughts on how the will prove Chief Granny Grifter(TM) has used her name commercial capacity in regard to “political election information and providing a website about political issues.” I’m not sure she can, but I’m not even poorly versed in patent law.
Punchy
@burnspbesq: I saw the tie and thought “that’s not so bad”, until I read further and see that the Gunners were up 4-0 at one point. So I can undystand the nooses and bedsheets.
Tehanu
So it would be Shut Up Dumb Lady™ if TBogg was a conglomerate?
MikeJ
@Origuy: AltGR+R works on my keyboard too.
AltGr + r ®
AltGr + c ©
AltGr + t is a thorn þ not a tm.
Brachiator
@Evil Parallel Universe:
By the way, you are right that it does get complicated. While waiting for the breakfast truck (hmmm. breakfast), I wandered over to the Jimmy Dean site. Jimmy Dean indeed has no trademark identifier, but two products Jimmy Ds(tm)Griddle Sticks and No Kid Hungry(tm) are trademarked.
That said, I still like the idea of something on the order of Sarah Low Plains Grifter(tm) Elocution Instruction Tapes.
MikeJ
@Brachiator: What if you make sausage from Jimmy Dean’s corpse? Probably would have been better had you done back in June right after he died.
KG
@dmsilev: and once they send the signature in, the application will be rejected again because a personal name can’t be registered unless it has achieved a secondary meaning. There is a general rule against trademarking personal names. So, what secondary meaning does SARAH PALIN have in motivational speaking?
Bill Murray
@Chad N Freude: SP is truly Softness Worth Sharing
Linda Featheringill
@Evil Parallel Universe:
You have probably moved on to doing something else but just in case you check back:
Thank you. You made me laugh, not a small accomplishment today. :-)
Origuy
@MikeJ:
You have one of those søçíãlist international keyboards.
Brachiator
@MikeJ:
Jimmy Dean the man may be gone, but Jimmy Dean the brand lives on. That’s what makes America great. Or something.
Evil Parallel Universe
@Another Commenter at Balloon Juice (fka Bella Q):
I actually replied to this, and am either in moderation (though doesn’t it usually tell you that?), or, WordPress ate my baby.
PS – None of this discussion has anything to do with patent law. At most we’re talking about TM law and Lanham Act.
Don K
@mistermix:
Oh yeah, I forgot. Rowling probably has [pronoun] Who Must Not Be Named trademarked already.
Damn! Can’t say anything these days.
debbie
If Lindsay can’t trademark her name, why should Palin be able to? Only a very unthinking person would prefer to be a commodity to a human being.
Anya
@Evil Parallel Universe: Thanks for the legal advise:-
jcricket
I know Republicans are fucking morons with no knowledge of history, but it’s always “rich” to hear people like Sarah Palin (tm/c/fuck you i got mine) go on and on about how the great St. Ronnie single-handledly shrunk gov’t, dropped taxes and saved the country.
Except that instead of that, the gov’t size increased and after a brief flirtation with lower taxes which exploded the deficit, taxes were increased many (6?) times under his watch. Oh, and Reagan’s signing of the law that required ERs to treat you regardless of ability to pay was a massive increase in gov’t involvement in the healthcare sector – and probably lead to the place we’re at now, where we have de facto socialist medicine, but in the least efficient way possible.
I get it, the Gipper gave a good speech, but his actions make him basically to the left of Obama.
Father Tyme
So we can name who we should never have named in the first place. We need a new reference to her. How about “SaP” or “Shpin” or “Sin” (no tm needed)
Nah! I’m sticking with SaP!
But just think of those poor proof readers at Fox! They can’t spell anyway!Every time the quitter appears on that excuse for cable, they’ll have to put that “little thingy” on her name. Can they find it on the keyboard? (Hint! It’s right beside the “D” they use to confuse their viewers when a Republican Congress Fool does something illegal.)
Also, do they have to verbally say “Tm” after her name is mentioned on Fox?
PS
@Punchy: And some of us were enjoying a nice glass of schadenfreude until Wolves went and beat us. That should make Wenger feel a teensy bit better.
SBJules
@Brachiator:
Sarah was giving a speech in my town, Santa Barbara. Despite or probably because Reagan had his ranch 25 miles away from here, he is very unpopular in SB. Since he was the governor of California that closed mental hospitals, I guess that isn’t surprising. Sarah didn’t give her speech at the Reagan Ranch however, she gave it at the Reagan Ranch Center which is an old but refurbished hotel next to the train station not far from the ocean in Santa Barbara.
Bill Murray
@Don K: I would think John Mortimer and Cthulhu would have something to say about that
Brachiator
@SBJules:
I heard a report of the speech this morning. Amazing (and not in a good way). What I found interesting, but sad, was the degree to which her supporters love her to death because she is “just like us,” and the degree to which she garners applause from spouting inanities and cliches. “We’re proud, stupid, and Christian. But as long as we are stronger than anyone else, it don’t matter.”
Chris Grrr& trade;
The domain presidentpalin.com is available for a mere $9,999.
Left Coast Tom
@sukabi:
…except Sarah Palin[tm] doesn’t produce anything.