John Welch at the TTABlog has once again done me the honor of asking me to write a guest column on a recent “immoral and scandalous” trademark case. See the post here.
John Welch at the TTABlog has once again done me the honor of asking me to write a guest column on a recent “immoral and scandalous” trademark case. See the post here.
This entry was posted on Thursday, October 4th, 2007 at 8:36 am and is filed under 2(a), trademark. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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October 4, 2007 at 12:07 pm |
Nice guest column. Amazing photograph.
What a thrill that the TTAB did this right. It seems likely to me that “in the context of Applicant’s goods” the mark isn’t scandalous at all, since anyone who found it so would not be in the market for Applicant’s goods in the first place. And, of course, the fact that cum is Latin for “with”, which makes the mark a triple entendre since it can also men “with an umbrella” — establishes that this is a very clever mark, appropriate to its market context, and far more likely to be amusing than shocking.
bc