Celebrities, politicians, athletes, friends and family have all participated in the ALS Ice Bucket Challenge, and the ALS Association may want to keep other charities from reaping the rewards of a similar challenge.
The ALS organization filed two trademark applications on Aug. 22 to own the phrases "ice bucket challenge" and "ALS ice bucket challenge" for the purposes of charitable fundraising. The group cited Aug. 4 as the earliest use of the phrases.
Both phrases have been primarily linked to the charitable donation to ALS organizations, although some have donated their money to other worthy causes. This may cause the trademark to be declined, according to Virginia trademark attorney Erik Pelton.
The public may not always associate the phrase "ice bucket challenge" with ALS "since many others have taken the challenge in the name of (and/or contributed to) other charities," Pelton wrote on his blog.
If patented, the trademarks may also restrict other charities from using a similar campaign. The ALS Association could also sue other organizations that did try to use the "ice bucket" phrase.
"The reasons in general one seeks to protect a trademark is to prevent others from using it," Pelton told The Washington Post. "I find this to be shameful, because I hope that they would never consider... preventing some other charity from using the phrase."
The attorney also saw a similar trademark that used the call "Boston Strong" after the marathon bombings in 2013. He wasn't happy to see another organization trying to take control of a rally call used by so many.
"I was upset," he told the Post. "Similar to the reaction I had last year when I saw the applications for 'Boston Strong.'"
Pelton doesn't think either application will be approved.
The ALS challenge has raised more than $94 million for people suffering from Amyotrophic Lateral Sclerosis or Lou Gehrig's Disease. The disease targets nerve cells in the brain and spinal cord that control voluntary muscle movement.
