ALS Association files to control use of the “Ice Bucket Challenge” phrase with the US Patent and Trademark Office.
The Ice Bucket Challenge was this summer’s biggest viral sensation– and has helped raise nearly $100 million in a short period of time, and immeasurable levels of awareness for an often-forgotten illness. The foundation, which according to Charity Navigator only uses about 20% of funds to help patients deal with care and treatment, recently filed for rights to the words “Ice Bucket Challenge” to use exclusively for themselves and their money raising efforts. This is somewhat troublesome to me because they didn’t actually start the challenge, breed its viral success, or get the masses to participate.
Attorney Erik M. Pelton found the details:
The ALS Association alleges that it owns rights to the phrase “Ice Bucket Challenge” in connection with charitable fundraising. Two trademark applications were filed by the association with the USPTO last Friday for ICE BUCKET CHALLENGE (Serial No. 86375292) and for ALS ICE BUCKET (Serial No. 86375305) CHALLENGE for use in connection with charitable fundraising services. The association claims that its first use of the phrases in commerce was August 4, 2014.
I don’t think this claim by the ALS Association is appropriate for several reasons:
• Is ALS Association the true owner of the phrase? I don’t believe that the Association created it or was the first to use it. Not sure they can claim real ownership.
• Is the phrase “ICE BUCKET CHALLENGE” associated exclusively with fundraising for the ALS Association? I don’t think so.
• The phrase may already be generic. It is widely used, by many, in ways that don’t only related to the ALS Association.
• Is the phrase likely to be viewed by the public as indicating the source of the charitable fundraising services? Again, since many others have taken the challenge in the name of (and/or contributed to) other charities, I’m not sure that they will.
• If ALS Association successfully registers the phrase, it could seek to restrict use of it for other charitable causes. That would be the biggest shame in all of this.
So, what are your thoughts? All in the name of a good cause, or a little too greedy?
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