You just can’t. This is especially true of leather shields, wood shields, and shields made of non-corporeal things like the First Amendment. To turn a First Amendment shield into a Lanham Act sword you would need a 17 sided die, 3 cloves of garlic, the great rune of Dinosaur, purified animus and 3 gallons of swine blood. No mere federal judge can anoint some gripe site owner a sword so powerful that any trademark holder must cower in their worthlessness!
These pesky Illuminatus have pissed in my well once too many times! I am sick and tired of being pushed around and made to drink water that taste oddly tart. While we are talking about the Illuminati, have I ever told you about their lawyer hating brethern? Libertarians. The first time I met a Libertarian, I thought they said “librarian” and asked about the Dewey Decimal System, needless to say that Libertarian wasn’t very fond of this lawyer! Libertarians have no sense of humor either.
Back to the whole sword thing, you just don’t tell trademark owners that they can’t make vexatious and baseless legal threats without any real punishment. Such attitudes are an affront to the entire American legal system. If people like this gripe site owner are let loose on the world, no trademark will be worth spit because they’ll just run around preemptively suing Disney and Taco Bell! “Whoa dude I hate Taco Bell, man now I have to sue them to protect my rights and stuff, cause like I said I hated them or something!” (Note my unwashed masses speak is a bit rusty) People will be able to go around and not fear the righteous anger of the trademark holders, people will speak freely about trademark holders, and this will deprive trademark holders and vexatious lawyers from exercising their own First Amendment rights!
This is the downfall of America people, when your daughter comes home impregnated by some hipster with a lip piercing and your dog runs away, remember this very moment. When Disney has to cancel the next Little Mermaid on ice performance because it has to pay some lump because that lump sued them for no reason, remember this moment. For if I lay banished by some Lanham Act sword, so may your favorite animated movie studio or taco dispensary.
