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Sharia Trademark Law

7

There is nothing immoral or disparging in the name of our organization. What is immoral is denial of the truth, What is immoral is silencing critics of oppression, subjugation and slaughter. What is immoral is the violation of our first amendment rights. The case against the islamization of America is manifest in every country where the sharia and islamization has taken hold.

Truth is feared and reviled.

United States – "The dangers of disparagement when seeking trademark protection" By John van der Luit-Drummond, World Trademark Review

September 24 2013

Islamophobia and Islamisation are hot-button topics and a group that has previously ran provocative advertisements
in the New York City subway has hit out at the USPTO after it concluded
that its trademark was disparaging to American Muslims. The dispute
highlights the ever-developing issue of immoral, scandalous and
disparaging trademarks.

The American Freedom Defense Initiative (AFDI), led by Pamela Geller and Robert Spencer,
previously filed a trademark application for their anti-sharia law
campaign known as "Stop Islamisation of America" (SIOA). The USPTO
rejected the application, concluding that the
Sioa_logo_stortrademark was disparaging
to American Muslims. A subsequent appeal to the Trademark Trial and
Appeal Board (TTAB) affirmed
the USPTO decision, finding that the mark conveyed “that the conversion
or conformance to Islam must be stopped in order to prevent the
intimidating threats and violence associated with terrorism”.

The American Freedom Law Center
(AFLC) has asked the US Court of Appeals for the Federal Circuit to
overturn the denial of the AFDI’s trademark application, and alleges
that political correctness favouring Islam is behind the denial of their
trademark application. David Yerushalmi,
senior counsel of the AFLC, says that the term ‘Islamisation’ does not
refer to the mere conversion of someone to Islam, but what they believe
to be the more sinister implementation of sharia law. Geller told WTR
that the mark is not disparaging and that: “The USPTO should have no
authority to judge such things. Doing so involves it taking political
sides, which it should never do. We want to trademark the name so that
we can have control over who uses it, and to forestall attempts by foes
of our work to discredit us by using the name in connection with
something unacceptable to us, trying to associate us with something done
using our name but without our authorisation.” Asked whether she could
accept the SIOA mark could offend some people she replied: “So if
someone is offended by some trademark, that trademark should be
withdrawn? Offense is subjective.”

While cited as a relatively uncommon reason for trademark denial, the
USPTO is occasionally faced with the possibility that a potential
trademark contains “immoral, deceptive, or scandalous matter”, or may
disparage, or bring into contempt or disrepute, persons, institutions,
beliefs, or national symbols – marks for which registration is
prohibited. In this instance, the TTAB concluded that “applicants’ mark
used in connection with their services would be disparaging to a
substantial composite of Muslims in America”.

Each trademark application is examined according to its particular
circumstances (the USPTO does not provide comment on specific
applications) and so it will be in this instance, but the dispute does
highlight an important consideration when applying for marks. So what
can be done to avoid a trademark being deemed disparaging? Ensuring that
there is evidence to argue your case with the USPTO is key, such as in
the case of lesbian motorcycle group “Dykes on Bikes”.
The group submitted hundreds of pages of additional material to prove
the mark did not disparage lesbians after the USPTO twice rejected their
application. The National Center for Lesbian Rights (NCLR) helped provide declarations from linguists, sociologists and psychologists
as to the history and meaning of the word ‘dyke’. They showed that the
lesbian community had taken back the term; reinventing it as one of
pride and empowerment and not to stigmatise lesbian sexuality.

However, there are examples where a well-documented argument against a mark being disparaging will still fail with the USPTO. The Asian-American band The Slants
tried trademarking their name in 2010. The USPTO deemed it to be of a
derogatory nature towards Asian people. A 2012 appeal was rejected
leaving the band with no way to protect its name. (Somewhat ironically
the band works with fans to empower the Asian community and overcome
discrimination.)
The Slants are once again appealing the decision.

International treaties such as the Paris Convention
also allow for the prohibition of trademarks that are contrary to
morality or public order, so the USPTO is not alone in its regulations.
For all trademark counsel, a consideration of context and connotations
remains crucial.

In-depth analysis of the issues surrounding immoral, scandalous and
disparaging trademarks will be presented in the next issue of WTR.

  • RCCA

    Maybe you should start an “Islamize America” campaign and illustrate what America would look like under Islam? (for the left wing knuckle draggers) I could see you in a burka explaining how from now on gays will be reassigned or eliminated, adulterers will be lashed, women will be married at puberty, alcohol will be banished, women’s testimony in court will be considered less than a man’s, etc.
    I can see the headlines now, “PAM GELLER CONVERTS!”
    /sarc

  • Larry S.

    married at puberty
    Whoa, there RCCA. We’ll have none of these kuffar ideas here. As Imam Ruhollah Khomeini put it, it’s best to ensure your daughter’s “first blood” is in her husband’s house (have you checked out the price of camel hair rags recently?). Six for marriage was good enuf for Mo and it’s good enough for me. la la la (ok, Mo waited until she was nine to consummate the deal- but hey, Mo already had plenty of wives, even had a special dispensation from Allah for more than the standard four, plus he had a generous allotment of concubines & slave girls, so he could afford to wait three years)
    You may recall the eight year old Yemeni girl who hemorrhaged to death on her wedding night a few weeks back. Unfortunate, but hey, stuff happens. Allah wills stuff to happen. Sideswhich, a guy can always find another little girl.
    Your statement sounds to be dangerously closing to blasphemy against Mo- and you know what that can mean. So watch yerself, bub.

  • ed

    The Economist uses Arab Spring heading in ad for Al Jazeera.
    Guess to whom they are appealing?
    Click here to send your email to Economist corporate officials.
    Florida Family Association sent out an email alert on September 20, 2013 which reported that The Economist is a top advertiser on Al Jazeera America. The Economist is a weekly news and international affairs publication owned by The Economist Newspaper Ltd. and edited in offices in London.
    An advertisement for The Economist that is airing on Al Jazeera America shows a large heading which asks “Has the Arab Spring Failed?” This heading indicates the target audience to which The Economist is trying to appeal.
    The Economist July 13, 2013 article

  • Isabellathecrusader

    I’m sorry, RCCA, but I could never see a headline, “Pam Geller Converts!” Not this side of hell.

  • pistils

    Hellooo, Larry S. Greetings from Earth- I do believe we’ve met.
    At least someone with a similar name, that same elliptical (lack of) style, the same faux erudition, the same creepy playfulness dressed up in a fake John Wayne image. Somehow it stands to reason that you would hang out here- I thought I smelled something when I recently wandered into this site. I can see the attraction to a Don Juan wannabee who merely comes off as an aging skirt-chaser, but I should think Pam Geller is hopelessly beyond your reach.
    If I have identified the correct Larry, please let me know so I can scurry off elsewhere in search of enlightenment. Perhaps you recall a certain word beginning with “f” that I said would identify me in cyberspace. Perchance do you know the word in question? If you’ve forgotten, I quite understand the toll of halfzeimer’s disease- give me another clue to identify you are the Larry I’m (not) looking for. But if it’s not too much to ask, kindly spare this gentle crowd your lewd Shakespearian references.
    And if I have encountered a sober personage with the cyber-personna similar to that of the unfortunate individual I thought I had detected, please accept my apologies for this unseemly introduction.

  • Maxime-Etienne de Gier

    Speaking of lack of style: I just put it like this….fuck the Muslims and Islam!

  • Larry S.

    pistils!
    What an unexpected displeasure. Well, let bygones be bygones, as I always say (at least as it concerns only rather pedestrian, carnal forms of iniquity such as you may be familiar with). Yes, indeed, it is I (“it’s me”, as you might say when you lapse into the vernacular).
    I could prove my identity by reference to numerous conversations long evanesced into the cyber aether. But, since you ask for an f-word that only I would know that would identify you- dear me, if I so much as mention it here, your intimate secrets shall be reveled to all of dreaded right wing cyber space. Greasy Islamophobes- some of whom speak only one language, and may even lack advanced degrees- will know the secret to ingratiate themselves into your favor. Dear me, my dear Filipina, I have revealed just one of the f-words that most readily comes to mind in your presense, cyber or otherwise.
    As for “lewd Shakespearean” references- oh, how could you so unmask me to this august audience? Why I would never accuse you, in public, of being an easy glove who goes off and on at pleasure, even if I do have reason to believe it is true. [Hint: Lafeu, which, with google, even you should be able able to connect the dots.]
    aging skirt-chaser
    Listen, how was I to know that even four layers of cosmetics and Grecian Formula would even yet betray me on Skype as having passed the golden age of 30, shall we say, some years ago, and not merely some weeks? (but truly, it was some weeks, in addition to those years, of which, I freely admit, I felt no need to belabor).
    As for Ms. Geller, the patron saint of this site being beyond my reach. Well, my dear, she hobnobs with the quality folk in Manhattan, and I reside in less exalted zip codes, so while she and I may make a match in heaven, it is indeed unlikely here on earth. You have unreasonably loaded the dice in your favor.
    But my offer to you, should times get tough (or even if they do not), to permit you to reside in my tool shed is still current. Why, the shed is vastly improved, as the old one had to be replaced and the new one has a window to make it easier to make sure you aren’t up to anything when locked in my shed. And, of course, when my wife is out of town, I could offer you more commodious accommodations.
    Having been unmasked by you, I do hope you will hang around. I believe I do have your email address- the one that I managed to scrape off that web site with such poorly administered security- so I could always pursue your cyber self. You may even learn something of the real world here, if truth is not too harsh for your refined sensibilities. Not being the kind of hold grudges (unless you adopt tactics common to jihadis), I hope our intercourse may continue, nay flourish, here, in public view, as, I believe, is your wont.
    Good to see you, virtually, once again.

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