TTAB Won't Nix 'Naked' Condom TM After High Court Appeal

By Tiffany Hu (December 21, 2021, 9:01 PM EST) -- The Trademark Trial and Appeal Board has refused to cancel a Florida company's registered trademark on the word "naked" for condoms, unmoved by arguments by an Australian rival that the mark would likely be confused with its own Naked condom brand.

In a 50-page opinion issued Dec. 16, the TTAB said that Australian Therapeutic Supplies Pty. Ltd.'s email communications with Naked TM LLC and actions thereafter indicated that Australian Therapeutic agreed not to use the word "naked" to sell condoms in the U.S.

Specifically, the TTAB pointed to a 2007 email in which Australian said there was "no need" for a...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!