Outrage as retailers war over trademarking 'Boston Strong' phrase as residents demand it stay in the public domain



Merchandisers seemingly seeking to profit off the global movement to show solidarity with the people of Boston have tried to trademark the phrase 'Boston Strong.'

Two days after the deadly blasts ripped through the city, The United States Patent and Trademark Office began receiving applications by Boston-area retailers trying to claim ownership of the slogan.



The phrase has been embraced by Bostonians and has appeared on placards across the town and signs at memorials for the victims, as it has also gone viral across social media.



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Public Domain: Boston residents, pictured fans at the Boston Red Sox game on Saturday, have embraced the Boston Strong phrase as a show of support for the city after the deadly marathon bombings



Solidarity: The words have offered hope to the city after the devastating events of April 15. Pictured, 13-year-old Sarah Vieira, of Dartmouth, Mass., chose to write the words on her face for the Red Sox game on Saturday

The trademark applications, both dated April 17, were filed just two days after the terrorist attack.



Applicant Kerim Senkal, from the Boston neighborhood of Allston, filed one request to lay claim to the phrase.

Though it's not apparent if Mr Senkal is a retailer himself, he requests using the phrase for 'imprinting messages on T-shirts, wearing apparel, accessories and mugs, decorative designs on t-shirts.'



Mr Senkal did not wish to comment on the application when contacted by the MailOnline but stated in an email, 'I'm just a regular blue collar guy trying to make a quick buck.'



For sale: Chowdaheadz, an online retailer of Boston-themed sports paraphernalia, is offering an array of Boston Strong t-shirts for sale at $19.99

The competing claim was filed by the Woburn, Mass. online retailer, Born Into It, Inc., which is run by the Boston native who also owns, Chowdaheadz, the web retailer that sells Boston-themed sports paraphernalia.

Owner Ryan Gormady promises customers on his website that the company is 'owned operated by passionate Boston fans and residents, so ordering from us is keeping it in the family!'



'The company is and always will be focused on creating bold and exciting merchandise for the "Diehard” Boston fan.'

The website already features an array of t-shirts emblazoned with 'Boston Strong,' all for sale at $19.99.



A tale of two trademarks: Two days after the tragic bombings, The United States Patent and Trademark Office received two applications from Boston area merchandisers to trademark the phrase 'Boston Strong'



'There is strong and then there is Boston Strong. This tee shows how tough our city can be!' a description for one of the shirts reads.



In the trademark request, the company seeks ownership of the phrase for use on clothing and accessories.



The site says that 20 per cent of their sales will be donated to The One Fund, established by Massachusetts Governor Deval Patrick and Boston Mayor Tom Menino to benefit the families impacted by the marathon tragedy.



In a statement, the company revealed that after they began printing the Boston Strong apparel, they received 'frivolous letters from people/companies claiming they own a certain trademark.'

'We’ve simply made this filing to prevent both ourselves and others out there from being bullied by another party who doesn’t have as much pride, love and actual connection to the city as we do.'

'”Boston Strong” is for the people of Boston and we felt this was the best course of action in helping to preserve this mark for the public domain,' the statement said.



Pride: Boston Red Sox players attached a patch with the phrase to their uniform at the Saturday game against the Kansas City Royals. They are auctioning off the jerseys to raise money for the victims

Notre Dame Law professor Mark McKenna, an expert on trademark law, said he isn't at all surprised at the rush of eager merchandisers seeking to acquire rights to the phrase in order to make money.



'There's usually a rush in these type of instances,' he told the MailOnline, adding how numerous applicants tried to trademark the term 'Seal Team Six' after the team behind the operation to kill Osama bin Laden in May 2011.

Professor McKenna said that in order for a term to be trademarked it must indicate the source designator or exclusive source of a product brand or service brand.

For the case of Boston Strong, it's a reference to a show of unity.



He also said that because the slogan uses the word Boston, a geographic reference, it's unlikely a court would designate that to any one retailer.



For the people: Bostonians have found comfort in the slogan as they move past the tragic events of last week (pictured, a memorial erected near the finish line of the race)

Two college students, who have been selling Boston Strong t-shirts to raise money for charity, balked at the suggestion that Boston Strong could be owned by a single entity.



Emerson College junior Nick Reynolds, who is an RA, and freshman Chris Dobens, who lives on Reynolds' floor, decided to create t-shirts bearing the rallying cry after spending April 15 watching the constant news coverage of the tragedy.



'There was a feeling of helplessness around the college, and t-shirts felt like the right way to donate to the cause and show support for our city,' Mr Reynolds, 20, told the MailOnline.



'It is a way an average college student can help. I designed the blue and yellow shirt emblazoned with 'Boston Strong' to honor the runners of the marathon, and stand in solidarity with our city,' he said.

They started hoping to sell around 100 shirts but in the first week they h ave sold 34,012 t-shirts raising $517,680 for The One Fund Boston charity.



Support: Emerson College students Nick Reynolds, left, and Chris Dobens, right, decided to create t-shirts with the phrase to raise money for the victims of the tragedy

Overflow: The Emerson students started hoping to sell around 100 shirts but in the first week they have sold 34,012 t-shirts raising $517,680

Though the phrase has now gone viral, in large part to social media, Mr Reynolds says he had never heard the slogan before last week and sought inspiration from mantras like 'Army Strong' and 'Live Strong.'



' The idea of trademarking "Boston Strong" sounds to us like someone attempting to profit off a horrible tragedy that rocked our city, and shattered our feeling of safety. It wouldn't sit right with us to see "Boston Strong TM," he said.



Seven Emerson students were injured in the explosions on April 15. They were treated and released from the hospital last Monday.



Emerson College, which is located in the town's Back Bay neighborhood - across the street from Boston Common, canceled classes on Tuesday after the blasts.

