Dirty Double Entendre Can't Be Trademarked, Fed. Circ. Says

Law360, New York (December 19, 2012, 4:06 PM EST) -- The Federal Circuit said Wednesday that a phrase with a vulgar second meaning could not be granted trademark protection, snuffing out a woman's attempt to register a double entendre she uses to promote a line of rooster-shaped lollipops.

In a precedential opinion, a unanimous three-judge Federal Circuit panel upheld a ruling by the U.S. Patent and Trademark Office, which had found that a federal Lanham Act provision — which went into effect in 1905 and prohibits trademarks on “immoral” or “scandalous” material — prevented Marsha Fox...
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