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"HEEB" trademark - disparaging?

 
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patentandtrademark

posts: 1332

Dec 17, 2008 12:02 PM ET    Quote  Report Abuse
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Applicant Heeb Media, LLC argued  tried to register the trademark "HEEB" for clothing and entertainment services.  The application was ultimately denied because the TTAB said a substantial composite of the Jewish community would view the term as disparaging.  I personally have never even heard the term.  Is the word "HEEB" disparaging to you?

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
AgrInd

posts: 9

Dec 17, 2008 12:11 PM ET    Quote  Report Abuse
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"Heeb" is definitely a well known Jewish slur.  It still seems to be an odd reason to deny a trademark.  I wonder exactly how disparaging a word has to be to warrant a denial.


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Webii Design Ninjas - Unstoppable Austin Web Design       
Online Ordering for Restaurant Websites
patentandtrademark

posts: 1332

Dec 17, 2008 12:34 PM ET    Quote  Report Abuse
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One irony here is that the company appears to be marketing TO Jewish people, which would imply that the word is not intended to be insulting TO Jewish people. 



-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
Dec 17, 2008 4:29 PM ET    Quote  Report Abuse
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I think it is a personal issue. I`m Jewish and if I`m called a Heeb, which is only short for Hebrew,  I`m not insulted.... What do you think they called the Jewish people back in the biblical days, Heebs and probably worse!

Today`s society always seem to get their nose out of joint if they hear something that CAN be a slur, but is not intended to be a slur. In my viewpoint, calling a Jewish person a Heeb, is similar to calling an Afro-American, a black person... it is what it is!

CraigL

posts: 9051

Dec 17, 2008 5:04 PM ET    Quote  Report Abuse
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Poor choice of company name, in my opinion. With the countless other name options, there were other, better names. Why not sell products to the Asian community and call the company "Chink, Inc.?"
RabbitMountain

posts: 423

Dec 17, 2008 11:15 PM ET    Quote  Report Abuse
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The readers of Heeb Magazine certainly don`t find it offensive. It`s pure sarcasm. (It`s also quite an excellent publication geared toward the young and hip Jewish community. I have a friend who subscribes, he was especially thrilled with this year`s Jewish swimsuit calendar.)

Years ago in my mis-spent youth I used to be a great fan of a rock band called Primus. Primus`s tagline back then was "Primus sucks" in full-on sarcasm that nobody outside of the Primus tribe understood. Critics were baffled that people would pack the clubs chanting "Primus sucks! Primus sucks!" They didn`t get the joke, which was all the funnier because they didn`t get the music either and wrote reviews saying that Primus sucks. It took a few albums for them to catch on.

I think the "Heeb" in Heeb Media`s case is exactly the same. The TTAB just doesn`t get the joke. When they finally do, it will indicate that the word "Heeb" has been successfully reclaimed from whatever negative connotations it may currently have.

—paula
...primus still sucks...
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