IANAL but I don't take the fact that habeas was founded by a lawyer to
indicate that their idea of copyright law is necessarily enforceable.
Lawyers are notoriously bad judges of their own cases. The guy running
EMarkettingAmerica thinks he can file a case on behalf of unspecified
plaintifs...
The copyright and trademark claims arround the Haiku are a stretch because
Habeas are trying to use one IP regime to achieve the object of another -
patent law. There is case law in the video games area that indicates you
can't use a copyright or trademark claim to make an access control system
closed.
But there is a pretty good argument that unauthorized use of the statement
'approved by Habeas' or similar is a mark. That is like a restaurant
claiming to have three Egon Ronay stars when it does not have any, it is a
pretty clear trademark case.
The Haiku thing might work and is pretty costless, but overall I doubt that
it is necessary.