iFart, You Fart: Is ‘Pull My Finger’ Trademarkable?
With cancer cured and AIDS no longer a threat, America can finally turns its attention toward that final frontier of western civilization: iPhone fart applications. For those of you unfamilar with fart applications, they are downloadable programs that make “hilarious” farting noises on command, thereby rendering real farts completely obsolete.
But where there’s gas, there’s a fire, and last Friday, the creators of iFart Mobile asked a Colorado federal court to rule that the phrase “pull my finger” was common parlance and therefore not protectible under trademark law.
By way of background, iFart previously published a press release announcing that Apple had at long last agreed to carry the “innovative” application. The release stated, somewhat disparagingly, that for many months, iPhone users were denied this critical application, as prudish Apple did not want apps asking people to “pull my finger.” However, when the creators of Pull My Finger, another iPhone fart application, got, er, wind of this press release, they threatened suit for trademark infringement.
There is perhaps no better use of the court’s time, or your time, for that matter, than reading iFart’s bag of hot air complaint. Highlights and the completely ludicrous document, after the jump.
If you’ve ever wondered exactly what “pull my finger” means, wonder no more:
The phrase “pull my finger,” and derivations thereof, are generally known and widely understood in American society to be a joke or prank regarding flatulence. The prank begins when the prankster senses the deep stirrings of flatulence. The prankster then requests that an unsuspecting person “pull [his or her] finger.” The prankster extends his index finger to the victim. As the victim pulls the prankster’s finger his flatulence erupts so as to suggest a causal relationship between the pulling of the finger and the subsequent expulsion of gas. 1 In other words, the phrase “pull my finger” is understood to be a description of the act of passing gas.1 “Pull my finger,” Wikipedia, http://en.wikipedia.org/wiki/Pull_my_finger, last visited Feb. 10, 2009.
With iFart citing Wikipedia in its complaint, declaratory relief is all but certain.
Earlier: Morning Docket 02.16.09
(39) 
Comments
first eeee
FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART! FART!
Can you do a post about the reduced salaries at Holland and Knight?
Can you do a post about the reduced salaries at Holland and Knight?
Great post. Made me laugh.
buuuurrrrrrrrp farrrrrrrt
FART?
FART!
Phrases in common parlance need to acquire a secondary meaning to be protected as trademarks.
Shouldn't that be "therefore [NOT] protectible under trademark law"?
9 - "That's Hot"
Love always,
Paris Hilton
Does ATL have a fridge full of free beer for its employees? Marin started off the day with gramatically correct posts and everything. Now, the typos start to filter their way in. I don't Elie is as dumb as we thought. He's just been drunk the whole time.
12 - Where are the typos?
What is the deal with Joaquin Phoenix?
awesome post!!
I am offended by phrases referencing flatulence. Please moderate and be more professional.
Texas Attorney (with some class)
marin's writing is clever and precise. what happened?
I just sharted.
12 here. The post has been corrected, including insertion of the [not] oticed by 10.
Marin=13
Who needs copy editors? Blog commenters do the job for free.
"gwaa... gwaa..."
12 - I love that you post to criticize someone for grammar and then type this nonsensical sentence.
"I don't Elie is as dumb as we thought. " What the hell does that mean?
12 - you should pay attention to the typos in your post.
Marin's posts are surprisingly not annoying.
It's going to be a slow week on the beat with Mystal gone...
23, 12 here, ufck uyo
Someone pulled the PDF's finger.
11 - i think paris hilton is a retarded chimp who saw the word "haute" (coture) and instead said "hot."
World Score:
Retarded Chimps: 1
Lawyers: -345,678
ROD PAMPERS agrees with this post.
How will this effect the Cahill layoffs?
this post is fucking disgraceful and inappropriate. have you nothing better to write about?
This post stinks like @s# Lob$^er.
This whole thing must be a joke - I'm not really sure where the "common parlance" "test" comes from unless it's part of a genericness review. "Pull my finger" is clearly not generic. I wish I could get my hands on the pleadings to see what lawyer is arguing that "Pull my finger" is descriptive.
33 (1:46) here - I found the complaint, and while it could be clearer, it doesn't sound like there was tradeamark infringement based on the example cited by the plaintiff. People need to realize that a trademark is not a word/phrase patent.
AIDS no longer is a threat. You wear a condom and don't share needles, and you don't get it. The disease could be gone in a generation with a little self-control. The billions being spent on AIDS is a big waste. What about all the cancers that have no relationship to self-control?
Haha 25!
35 = effin' freak
16 = u belong in TX
Marin's posts are funnier and better written than Elie.
Aside from the massive Michael Best blunder, she is doing a great job.
This is going to revolutionize fart porn - that's for sure.
Don't believe me - google it - I dare you.