Legal Opinion
In re McGinley
Court of Customs and Patent Appeals
Decided October 1, 1981No. 81-502PublishedCited by 38 opinions
1Opinion of the Court
MILLER, Judge.
This appeal is from a decision of the Patent and Trademark Office (“PTO”) Trademark Trial and Appeal Board (“board”), reported at 206 USPQ 753 (1979), affirming the examiner’s rejection of appellant’s applications to register a trademark and service mark on the basis that it comprises “immoral ... or scandalous matter” within the meaning of section 2(a) of the Lanham Act.1 We affirm.
BACKGROUND
The involved mark comprises a photograph of a nude man and woman kissing and embracing in a manner appearing to expose the male genitalia.2 According to the- applications for registration,…
2Cases cited10 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Federal Communications Commission v. Pacifica FoundationSupreme Court of the United States · 1978
- Tuxedo Monopoly, Inc. v. General Mills Fun Group, Inc.Court of Customs and Patent Appeals · 1981
- Holiday Inn v. Holiday Inns, Inc.Court of Customs and Patent Appeals · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Volkswagenwerk Aktiengesellschaft v. Kenneth G. WheelerCourt of Appeals for the First Circuit · 1987
- Tonka Corp. v. Rose Art Industries, Inc.District Court, D. New Jersey · 1993
- Test Masters Educational Services, Inc. v. SinghCourt of Appeals for the Fifth Circuit · 2005
- In Re the Boulevard Entertainment, IncCourt of Appeals for the Federal Circuit · 2003
- In Re Mavety Media Group Ltd.Court of Appeals for the Federal Circuit · 1994
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