A Bostonian filed an Intent to Use application for the mark “RAD SEX.” (source). The Boston Red Sox filed an opposition on the grounds of likelihood of confusion, false connection, disparagement of the RED SOX mark, and (drum roll) because the mark is “immoral and scandalous.”
The applicant filed his answer, but the case is still in its infancy.
I’m rooting against the Red Sox — just this once. Not only do I hope that Red Sox Nation loses this dispute, but I’m pretty confident that they will. I can’t see how one entity could claim exclusive trademark rights in the four letters, RDSX. (Maybe if this were Hebrew or some other vowel-challenged language, but not in Tip O’Neil’s English). Perhaps if the applicant used a design with the same colors, or font, or something else that created some kind of mental association with the baseball team — or, if another baseball team wanted to be called the ROD SUX, then the Fenway favorites might have something to say. This just seems too tenuous of a connection for likelihood of confusion or false connection to attach. The 2(a) claim is frivolous, and I would like to see sanctions imposed against the idiot who thought to put that in the complaint.
Question: Of all the excellent law firms in Boston, the Red Sox had to go get some New York barneys to represent them? That’s freakin’ weak. No wonder they put a 2(a) claim in this complaint.
Hat Tip: TTABlog.