If you’ve seen one disgruntled-former-law-associate attack gripe site, you’ve seen them all. But I did like this point by gold-plated pariah Edward Harrington Heyburn, Esq. (corrected). Because he’s so big on free expression, especially his of course (like the rest of us), I am certain he won’t mind my reproducing his whole rant, which actually looks like it could have been strung together using quotes from the “best of LIKELIHOOD OF CONFUSION®“:
Did the Judge infringe upon someone elseâ€™s trademark by telling me to â€œGet a lifeâ€?”
Proving that life is stranger than fiction, it appears that Judge Thompson has trampled upon a registered trademark by telling me to â€œget a life.â€ [B]elieve it or not, â€œGet a Lifeâ€ is a registered trademark. Here is a copy of the record from the US Trademark Office.
Word Mark GET A LIFE Goods and Services IC 035. US 100 101 102. G & S: Outsourcing in the field of legal support services. FIRST USE: 20090601. FIRST USE IN COMMERCE: 20090601 Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 77615815 Filing Date November 17, 2008 Type of Mark SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE
I guess the question is whether the judge used the phrase in commerce? I point this out to illustrate how ridiculous trademark law can get. Trademark holders like Levinson Axelrod can use misguided arguments to silence us. We are so afraid of the Government imposing on our right to free speech we neglect to see how corporate America can use our existing laws to silence criticism. I guess a web site called www.getalifesucks.com is out of the question.
Pretty good! Maybe I wish I’d had Heyburn around for a couple of my more “successful” trademark cases in a certain federal judicial District he knows. I couldn’t have lost them much harder, but maybe there would have been a few more laughs along the way.