The Creator of "The Power Hour" Fights the Power

Many college students across the nation are celebrating musician Ali Spagnola’s Power Hour Drinking Game court victory by taking a shot a minute for an hour (of beer, that is, not liquor—they’re not insane). Ali, an indie singer/songwriter, known mainly known for her popular album, The Power Hour Drinking Game Album, has achieved even greater fame thanks to the legal battle she just won. Her game provides “fun and directive drinking for your social engagement,” as she explains on the Twit.tv netcast This Week In Law, hosted by Denise Howell. The concept behind the game is simple; each time one of Ali’s 60 original one-minute songs on the album ends, all players take a shot of beer.

This musical game may have just been chalked up to another college fad, but when Ali received a cease and desist letter to stop performing her music and to stop selling her albums, everything changed. The letter-writer claimed that Ali was infringing on his trademark on “The Power Hour.” Ali was bewildered; how could this widely used term, which was frequently applied to all kinds of drinking games, be copyrighted? Some basic research revealed that, yes, the offended party did trademark  “The Power Hour” in 2010. But one question remained: how in the world did the United States Patent and Trademark Office award him a trademark on such a generic name?

Ali pointed out that the term “power hour” had been linked to drinking games since at least the late 90’s, while the trademark holder was claiming first use in 2001. As Ali says, “it’s sort of like if someone trademarked the word poker, and then said no one can play poker anymore.” The United States Patent and Trademark Office admitted that, yes, based on the facts, they had awarded the trademark in error, but they could not disqualify the trademark without Ali taking the guy to court—an expensive legal process. Being the free-spirited rock star that she is, Ali decided to accept this challenge. Not giving in to this trademark troll, she challenged his claim in court.

Ali’s fans sprang into action, raising about $5,000 and making it possible to initially move forward with the case. The entire legal process, including Ali’s eventual victory, took three years and came at a price tag of $30,000. Her victory was a moment of triumph for Ali, but the process wasn’t as exciting as it sounds. “It was all pretty boring with a whole lot of waiting,” says Ali, adding jokingly: “I was hoping for a musical Chicago.” We can image the administrative law judges at the Trademark Trial and Appeal Board aren’t exact the most titillating crowd; however, the judges cited definitions from Wikipedia and Urban Dictionary in their legal reasoning, which is pretty cool (take note, professors). These sources were ultimately a crucial part of Ali’s victory.

And though the strains of certain nostalgic Beastie Boys songs may be swelling in your head right now, Ali’s court victory is not about drinking; for many, it’s a celebration of the culture of freedom and activism within the college community. U.S. patent law is something that can unexpectedly ambush any content creator, from blogger to vlogger. In an ideal world, patent laws would only be used to protect the intellectual property of companies, but these laws are all too often invoked to intimidate and silence those not actually acting in violation of the law. Overly aggressive copyright-holders often pursue young people, college students in particular, knowing that they don’t have the financial or legal resources to fight back and will easily crumble at the threat of a lawsuit. This case is notable precisely because so many students rallied behind what they viewed to be an unfair application of the law. These kinds of stories, rare though they may be, always make me do a little victory dance; if you read my recent post on another important case, then you know my stance on scorched-earth-style copyright enforcement.

If you are a business major at GSU, you will take or have taken the class The Legal Environment of Business, which addresses these kinds of issues. For students currently in this class, Ali’s case is an interesting one to share with classmates and your professor. It’s a galvanizing story because it involves a game linked with underage drinking among undergraduates, but, regardless of anyone’s opinion of the game itself, I think most people can agree that patent laws could use some reform.

For more information about Ali Spagnola, visit her Indiegogo Freedom Victor Tour campaign.