Honey Badger Don't Give a S--t

Remember the hilarious spoof video "The Crazy Nastya_s Honeybadger"? It came out in 2011, and has (as of this writing) over 88 million views. If you have never watched it, you have to in order to understand the rest of this post. Warning: lots of foul language, but it's funny!

The Crazy Nastyass Honey Badger

Now, here's the rest of the story. Randall (C. Gordon), who narrated the video, trademarked the meme, "Honey Badger Don't Care". The trademark office rejected a trademark for "Honey Badger Don't Give A Shit" as "potentially offensive". 

But wait! Two greeting card companies started using "Honey Badger Don't Give a Shit" on cards! So Randall sued the companies for Trademark Appropriation - as being close enough to his trademark to cause confusion over ownership of the meme.  

Well, the lowest court threw the case out on free speech grounds. So Randall appealed to the Federal Circuit court. And they found in favor of Randall! Hey greeting card companies, you can't use "Honey Badger Don't Give a Shit". 

Now the greeting card companies are asking for an en banc rehearing to clarify the balance between customer confusion (Trademark law) and Freedom of Speech. The case is considered important enough that law professors from Harvard, Stanford, and Notre Dame are filing briefs in favor of a rehearing. And now it seems there may be issues of copyright protection as well. 

When asked, the Honey Badger appeared to not give a shit.......

 

h/t to Prof. Dennis Crouch of the Patently O blog

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