Heh-resy indeed!

Has Glenn Reynolds a proprietary interest in the words "heh" and "indeed"?

This is not an idle question brought on by having too much time on my hands. In fact, my very blogfather himself wants to know whether I had anything to do with this new blog. My answer to him was that I didn't do it, of course. (But I think the guy stole my idea before I had it!)

Anyway, Jeff likes the blog, and so do I.

Not that I am particularly averse to confessing to things I did not do; it's just that I have found that once you do that, you start down a slippery slope indeed. (Sorry! My rule is that I lose one point every time I use that word without supplying a link.)

Confessing to what you did not do can lead you to places you literally never imagined!

I think Glenn Reynolds has enough of an unofficial, but well-recognized proprietary interest in these two words that he indeed (whoa there!) could sell T-shirts with "Heh." in front, and "Indeed." in back, and people would buy them.

But, this blog's policy of fearless and searching honesty requires me to state what I think: I'm afraid the words aren't his.

NOTE: "Heh" might not be a word at all. Which is a point in Reynolds' favor.

However, the blogosphere has its own customs, and its own unwritten code of conduct. From what I have seen in my seven months of blogging, it is considered generally accepted blogging procedure to either winkingly nod or noddingly wink at InstaPundit whenever (at the very least) the two words are used in combination. (Here's a typical example. And, in that regard, August 27 may be official Heh. Indeed. Day.)

And here's a blogger who shows respect to all three of the Most Common Insta Utterances: heh™ indeed™ read the whole thing™.

At least one Indeed scam has been unconvered. (Link from Heh. Indeed. himself.)

It is noteworthy that even avowed enemies of Glenn Reynolds -- and I mean those hard core radicals who hurl that well-known insult better reserved for certain butchers in Korea -- nonetheless respect Reynolds' proprietary interest in Heh. Indeed.

"Heh", as luck would have it, is only listed in one of my dictionaries, and only in connection with the HEH MIAO -- a polytheistic Hmong tribe in Southeast China.

McDonald's has sued for far less. And, amazingly, the term "McHeh" was used -- in a positively insinuatory manner -- as an expression of freedom, to "Put 'Em in Their McPlace."

"Heh" trumps the mighty "Mc"?

Impressive.

But somehow, somewhere, you gotta draw the line. Copying is one thing, but blending a prefix with a suffix -- well that's another matter.

InstaGate?

Instant Heh-resy!

Something must be done, retroactively, and insta-ntly.


UPDATE: Glenn Reynolds (who is, after all, a law professor) says Heh. Indeed. "surely" does involve a trademark violation. I stand corrected -- although in my defense I should point out that I never studied Trademark Law!

posted by Eric on 12.20.03 at 07:01 PM





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Comments

I am always delighted when people acknowledge my Flea-dance. I figure the InstaMan gets enough hehs and indeeds out into the world so I steer clear of them myself.

I linked Heh. Indeed. after spotting Ith's reference to Tequila and Biscuits in the vague hope they'd find the Flea worthy of a pseudonym. No luck yet!

Ghost of a flea   ·  December 20, 2003 11:14 PM

Hmmmm..... It's tough to find a pseudonym worthy of "Ghost of a flea"! Heh might just need a few days to work on it.

But Tequila and Biscuits = Absinthe and Cookies?

Hope that's not some kind of Third World moral equivalency stuff.....

Eric Scheie   ·  December 22, 2003 10:56 AM

Yes, Ith is the super-hip author of Absinthe and Cookies though I think Tequila and Biscuits should appear from time to time. Sort of like having Ith's Evil Jeannie sister show up and blog from a different bottle.

Ghost of a flea   ·  December 23, 2003 12:32 AM


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