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[GK86]

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The ALS Association has raked in more than $94 million in donations from the ice bucket challenge in just under a month. Now, the organization is asking for something else: Trademarks to the phrases “ice bucket challenge” and “ALS ice bucket challenge.”

One trademark attorney calls the effort “shameful.”

Two trademark applications, filed last week, claim that the ALS Association owns the phrases for the purposes of charitable giving. Both applications are available for public viewing on the U.S. Patent and Trademark Office Web site, here and here.

Trademark attorney Erik Pelton spotted the applications Wednesday. “I was upset,” he told The Post. “Similar to the reaction I had last year when I saw the applications for ‘Boston Strong.’ ”

The latter phrase was a popular rallying cry in the wake of the Boston Marathon bombings.

While Pelton believes that the “ice bucket challenge” trademark applications will probably be rejected, the applications themselves were enough for the Virginia-based attorney to draw attention to them on his blog. “The reasons in general one seeks to protect a trademark is to prevent others from using it,” Pelton said in an interview Thursday. “I find this to be shameful, because I hope that they would never consider … preventing some other charity from using the phrase.”

In his blog post about the application, Pelton writes that he’s “not sure they can claim real ownership” of the phrases in question, pointing out that “many others have taken the challenge in the name of (and/or contributed to) other charities.” In the interview, he added: “It’s been great to raise awareness and money.”

If the applications are approved, Pelton said the charity could use the registration to try and take other groups to court who use it without its permission; to take control of social media accounts using the phrases “ice bucket challenge” or “ALS ice bucket challenge”; and to “potentially stop other charities from using it.”

In an e-mailed statement to The Post, the ALS Association defended its trademark applications, noting that the charity only applied “after seeing many examples of unscrupulous profiteers trying to drive revenue to themselves, instead of the fight against ALS.”

The Post recently took a look at some of the “ice bucket challenge” commodities on the market, including a Halloween costume, several T-shirts and a pin. Profits from those products don’t necessarily go to towards ALS research, or to any other charity.

Other critics of the trademark applications noted that the ice bucket challenge did not originate with the ALS Association, although its exact origins are somewhat in dispute. The challenge has been used to raise money for other charities and causes, including funding for a hospice in Florida.

In its statement, the ALS Association added that it “secured the blessing of the families who initiated the challenge” before filing the trademark applications.

The ALS Association isn’t the only charity challengers have donated to in recent weeks: As Mashable reported, when the challenge caught on in early June, on Facebook, it wasn’t specifically about ALS. That particular association began in July.

On its application, the ALS Association says the first use of both phrases was “at least as early as” Aug. 4.

Although we’ll have to wait for the U.S. Patent and Trademark Office to rule on the applications, there might be a clue in how the federal office handled all those “Boston Strong” trademark filings. Earlier this year, the USPTO rejected several applications for the phrase, including one from the makers of Sam Adams beer.

Here’s the full statement from the ALSA:

The ALS Association is beside itself with gratitude to the millions of people who have participated in the Ice Bucket Challenge, and particularly grateful to the families who should fairly be credited with making the campaign go viral. The ALS Association took steps to trademark the Ice Bucket Challenge after seeing many examples of unscrupulous profiteers trying to drive revenue to themselves, instead of the fight against ALS. We secured the blessing of the families who initiated the challenge, which they provided without hesitation. The Association did this as a good faith effort to protect the integrity of the Ice Bucket Challenge. We are intent on preventing for-profit companies from capitalizing on this amazing, almost wholly grass-roots, and charitable campaign to raise money and awareness for the fight against ALS.

 

[BertramCooper]

How about "ice bucket challenge for the cure?"

No one would ever object to that, right?

 

[Kyuur]

Hahaha, are you fucking kidding me.

 

[TUSR]

How about "ice bucket challenge for the cure?"

No one would ever object to that, right?

Sued.

We secured the blessing of the families who initiated the challenge, which they provided without hesitation.

I don't think this will guarantee them the trademark.

 

[Deleted member 13876]

Way to burn all your good will by proposing something scummy.

 

[Tagyhag]

That's fucked up, even if they're trying to fight people who are just doing it for themselves (Like that shameful Samsung ad) it's only going to hurt other charities.

The challenge has been amazing for donations, let other charities reap from it as well.

 

[raphier]

You all asked why I hated this particular challenge and here it is, a mainly political agenda. While I concur with the reasoning, it should'nt be allowed.

 

[cirrhosis]

I don't have a problem with this actually. If revenue derived from the challenge is forced to go to the ALS Association, the better.

 

[BPoole]

So who here has participated in the ALS Ice Bucket Challenge™ sponsored by the ALSA­®

 

[studyguy]

Man, I sure love the cold water dare.

 

[DECK'ARD]

In the other thread I thought the charity might encourage people to start nominating another charity when they challenge someone to get as much mileage out of this thing as possible.

Oh well.

 

[speculawyer]

Why waste their money? Is someone really going to violate it?

Besides, it has probably jumped the shark now.

 

[God Dayumm]

It wouldn't be a charity if they didn't find a way to burn the money on lawyers and consultants

 

[Volimar]

That's some Komen level douchebaggery right there.

 

[Deleted member 13876]

Bet they didn't trademark the Dry Ice Bucket Challenge!

 

[amnesiac]

Why waste their money? Is someone really going to violate it?

Besides, it has probably jumped the shark now.

Yeah, it'll probably be over soon anyway.

 

[Rafa=FedKilla]

I don't get it. The ice bucket challenge is pretty much done. Unless there's infinite challenges and the celebrities are driven to the estreme ths winter!?!?

 

[ComputerMKII]

They haven't done it already? Why?

 

[Tesseract]

wow, way to destroy your reputation in one swoop

 

[jelly]

Going down like a lead balloon.

 

[DECK'ARD]

I don't get it. The ice bucket challenge is pretty much done. Unless there's infinite challenges and the celebrities are driven to the estreme ths winter!?!?

I think they have their eye on a Movember yearly type thing.

But I don't see it working like that, the novelty will have worn off.

 

[Freedom = $1.05]

Now is the time for the Lice Bucket Challenge to shine

 

[davepoobond]

so what segment of donation money they receive is spent on trademarking things?



lol @ "protect the integrity of the ice bucket challenge"

WHAT

 

[QuicheFontaine]

Man, I sure love the cold water dare.

Likelihood of confusion.

You just got SUED buddy.

 

[Zantetsuken]

This was eventual.

 

[adj_noun]

I'm throwing down the hard water gauntlet.

I'm delivering Luca Brasi's winter message.

I'm inviting you to a self-administered Bobby Drake sneeze.

 

[BronsonLee]

Likely to protect people from doing the same thing in the name of something else, potentially tricking people. Not that big of a deal.

 

[Ourobolus]

Likely to protect people from doing the same thing in the name of something else, potentially tricking people. Not that big of a deal.

Potentially tricking people into doing what? Dumping incorrectly-sponsored ice water on their heads?

 

[Wings 嫩翼翻せ]

Had to read the thread title twice, because I thought this really couldn't be as absurd as it looked. And it is.

 

[ElectricBlanketFire]

This is like when the WWE ran Fandangoing into the ground.

 

[Gaz_RB]

Awww you pushed it, ALSA

 

[Kinyou]

I don't have a problem with this actually. If revenue derived from the challenge is forced to go to the ALS Association, the better.

Matt Damon used the challenge to also make aware of how many people don't have access to clean drinking water. I'm not sure if the ice bucket challenge should be that inherently connected to ALS. There are lots of other causes out there that also deserve attention


Matt Damon Takes the ALSA Ice Bucket Challenge!: http://youtu.be/DlGhuud-s4w

 

[CornBurrito]

Likely to protect people from doing the same thing in the name of something else, potentially tricking people. Not that big of a deal.

Yeah how dare someone take advantage of a social media trend to generate money for any other charity.

 

[BronsonLee]

Potentially tricking people into doing what? Dumping incorrectly-sponsored ice water on their heads?

Yeah how dare someone take advantage of a social media trend to generate money for any other charity.

For better or worse, it's literally their calling card right now. They came up with it, they do have a right to apply for it. Whether or not they get it though...

 

[wrowa]

Hasn't this challenge been around long before ALS was added to it? I remember Japanese people on Facebook doing the same thing last year but with just the addition to donate to "charity" in general.

 

[Tabris]

I think it was a brilliant marketing campaign, but the attention on this one rare disease is too much.

A) It's only one of the motor neuron diseases. How about some attention on others like ALD?

B) You know what could have used that $70 million more? Cancer research.

 

[GK86]

For better or worse, it's literally their calling card right now. They came up with it, they do have a right to apply for it. Whether or not they get it though...

But they didn't come up with it.

 

[adamsappel]

Likely to protect people from doing the same thing in the name of something else, potentially tricking people. Not that big of a deal.

The original ice bucket challenge wasn't for ALS. ALSA.org should be grateful for how much money has been raised, but realize you can't bottle lightning and there could be a backlash for being "greedy." I think this should be a summer thing, with a different charity each year. Not quite sure how it will be arrived at, but I'm sure the Internet will find a way.

 

[Deleted member 13876]

They came up with it, they do have a right to apply for it. Whether or not they get it though...

They didn't? As far as my understanding goes they happened to be the charity where it caught fire. Good for them, but this is pushing it.

 

[Queen of Hunting]

I don't have a problem with this actually. If revenue derived from the challenge is forced to go to the ALS Association, the better.

the donations get split like last time (between charity and staff and bonuses)

 

[mreddie]

Is the walk for the cure trademarked? Seems like they are going to that route.

 

[BronsonLee]

But they didn't come up with it.

They didn't?

They popularized it, hence their case. They'll claim they came up with the most popular application for it, so they should be able to have the trademark for it, etc.

The original ice bucket challenge wasn't for ALS. ALSA.org should be grateful for how much money has been raised, but realize you can't bottle lightning and there could be a backlash for being "greedy." I think this should be a summer thing, with a different charity each year. Not quite sure how it will be arrived at, but I'm sure the Internet will find a way.

Pretty much. This whole thing is moot because they're not going to get it. So hopefully they figure something else out. I don't see it as a reason to vilify them, though.

Is the walk for the cure trademarked? Seems like they are going to that route.

The Susan G. Komen thing? Yeah, I think it is.

 

[Foxy Fox 39]

I think it was a brilliant marketing campaign, but the attention on this one rare disease is too much.

A) It's only one of the motor neuron diseases. How about some attention on others like ALD?

B) You know what could have used that $70 million more? Cancer research.

I'd rather have research money spent on things that are actually curable.

 

[LiK]

Ridiculous. Now they look like dicks.

 

[gdt]

Yeah this is silly.

 

[PlayALLtheGames]

I hope the dude that started this gets paid by them for coming up with it, because, if he doesn't, the ALS should get fucking smeared.

 

[Kraftwerk]

Now the hate will become justified. What an idiotic thing to do.

 

[spectral_method]

"...unscrupulous profiteers trying to drive revenue to themselves, instead of the fight against ALS..."

So their excuse is that some shmucks are making a profit by means of possible scams. But in reality its 'this is our cash cow, fuck off and get your own'.

 

[Tabris]

[/B]
I'd rather have research money spent on things that are actually curable.

You know ALS currently isn't curable? It's just managed and various drugs are used to slow down the progress of ALS? Many motor neuron diseases are incurable currently.

You know what makes a disease curable? Research and trials. You know what makes those possible? Funding.

7.6 million people a year die from some kind of Cancer. 6,800 people died from ALS last year in the US.

 

[Deleted member 13876]

They popularized it, hence their case. They'll claim they came up with the most popular application for it, so they should be able to have the trademark for it, etc.

Again that seems shaky. People started doing it for them on their own accord. Network effects elevated it from there on out and I'm sure they rode the wave with some press releases and what have you but the real popularizing was done by their donors and the people spreading the videos.