The Volokh Conspiracy
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Ukrainian Soldier Seeks Trademark for "Russian Warship Go F**k Yourself"
From World Trademark Review (Tim Lince):
WTR can reveal that a Ukrainian border guard who refused to surrender to a Russian warship has filed an EU trademark application for the phrase that went viral during their stand-off. It comes as reports emerge of major brands being targeted with rogue trademark filings in Russia, while opportunists around the world file for terms related to the military conflict.
At the end of last month, a Russian naval vessel requested that 13 Ukrainian border guards on Snake Island surrender. Instead of giving themselves up, the 13 soldiers went viral for telling the Russian warship to "go f*ck yourself". Initial reports (later contradicted) suggested that the soldiers were killed after the Russian warship shelled the island in response. The actions of the men received global coverage and plaudits, and this week the Ukrainian government even announced a postage stamp representing the phrase.
WTR has learned that the soldier who uttered the 'f*ck yourself' phrase – with permission obtained from his family and the Ukrainian military – is seeking an EU trademark for the term (in both Cyrillic script and English). It was filed yesterday by Taras Kulbaba, founder and lawyer at Bukovnik & Kulbaba, and covers a variety of goods and services from clothing and bags to entertainment and NFTs.
The European mark appears to have the vulgarities expurgated; I can't speak to whether, as a matter of European trademark law, that would also cover the unexpurgated version of the phrase. (Note that the original phrase is actually "go on the dick," but "go fuck yourself" is a good translation. In Russian vulgarity, and I assume in Ukrainian, "dick" is much more prominent than it is in American English; indeed, it is entitled to a whole separate volume in the Dictionary of Russian Vulgar Slang.)
See also this American trademark application for the phrase (with "fuck" written out), which the story suggests is by a company that's unrelated to the soldiers. (Recall that trademark law, unlike copyright law, isn't focused on who is the author of a particular mark.)
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Don’t think that it is going to fly in the US. But I know very little about foreign trademarks.
Bruce, why do you think it will fail in the US? There are many active registrations for less distinctive T-shirt phrases than that one.
Because that's not how trademarks are supposed to work. It's not acting as a source identifier in that case.
You're right, a mark is supposed to identify the source of a product, not be the product. Trademark protection isn't meant to be some kind of design patent alternative. But if you poke around in TESS you'll find there are 69,200 active registrations of plain text T-shirt slogans (I queried T-Shirts[GS] AND Live[LD] AND "4"[MD] AND `RN > 0). These from the first page seem to have the same defect
AND BELIEVE CHRIST SAVES
BIPOLAR BUTTERFLY
COMPTON FLIGHT CREW
REMAIN FOCUSED
WISH ME LUCK LOS ANGELES
Is it your experience that these are aberrations, or does the system let a lot of this kind of thing through?
The system often lets them through. But it shouldn't.
If people buy a "Rolex" watch because it says "Rolex" on it, that's a brand thing. If someone buys a "Russian Warship Go F**k Yourself" shirt because it says that, they don't care about the brand - they're interested in the message.
There can be some grey areas; if someone wants a "Green Bay Packers" jersey, do they care about whether it's team-made, or do they just want the message? Could be either.
I haven't done much TM work in years, but my experience was that these are not aberrations, which is why I had said "supposed to work" rather than "work." I don't know why the trademark examiners nitpick over whether (e.g.) a brochure is an adequate specimen but then allow slogans on t-shirts to be use in commerce.
Which gets us back to my original skepticism that the linked US application would be rejected. It should be, and there is a possibility it will be (it does happen, here is an example), but I think its chances of survival are pretty good.
Yeah, but even if it isn't, doesn't mean it will ever actually be enforced. I'm betting most of these t-shirt 'trademarks' involve someone rushing to take advantage of something in the news (like the Ukraine one, and the one you linked), printing up a batch or two, and then abandoning the project.
When I did do TM work, the number of people who wanted to register a mark before they actually had a business justification for doing so was astounding.
I haven't had any occasion to talk to a Russian warship, but I have been known to say "go f**k yourself" many times. From my observation, it is a phrase in common use and has been for a long time.
Cause for war?
Russian has one of the World's richest treasuries of obscenities, perhaps because so many have served in the army over the centuries. Is it all to be locked up under copyright? Surely that would be a "casus belli"...
Somehow this made me think of Yul Brynner.
Is it relevant that the phrase was uttered by a government employee acting in his official capacity?
Heh
Only for copyright purposes if it was the US government doing it. I don't know what Ukrainian law says about government works.
I would laugh like crazy if I received a snail mail letter with that Ukrainian stamp on it. They could earn some money -- set up a web site, pay $5, get a snail mail letter with that stamp.
"In Russian vulgarity, and I assume in Ukrainian, "dick" is much more prominent than it is in American English; indeed, it is entitled to a whole separate volume in the Dictionary of Russian Vulgar Slang."
You're saying their dictionaries are bigger than ours?
I think they have big dictionary energy.
As Weird Al said in his Word Crimes video, he has a big dictionary.
If you can get a trademark for something that was said in somebody else's work of fiction by a character who died in that work of fiction, I want to trademark "with great power comes great resonsibility."