Legal Opinion
In Re Marsha Fox
Court of Appeals for the Federal Circuit
Decided December 19, 2012No. 2012-1212PublishedCited by 18 opinions
1Opinion of the Court
DYK, Circuit Judge.
Marsha Fox appeals from a decision of the Trademark Trial and Appeal Board (“Board”) affirming the refusal of the examiner to register her mark. The Board concluded that the mark was unregistrable under 15 U.S.C. § 1052(a). We affirm, holding that a mark that creates a double entendre falls within the proscription of § 1052(a) where, as here, one of its meanings is clearly vulgar.
Background
I
Section 2 of the Lanham Act, as amended, provides that “[n]o trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on…
2Cases cited8 opinions
- Federal Communications Commission v. Pacifica FoundationSupreme Court of the United States · 1978
- United States v. Tohono O’odham NationSupreme Court of the United States · 2011
- Palm Bay Imports, Inc. v. Veuve Clicquot Ponsardin Maison Fondee en 1772Court of Appeals for the Federal Circuit · 2005
- William B. Ritchie v. Orenthal James SimpsonCourt of Appeals for the Federal Circuit · 1999
- In Re Coors Brewing CompanyCourt of Appeals for the Federal Circuit · 2003
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In RE:TAM en BancCourt of Appeals for the Federal Circuit · 2015
- In Re: Erik BrunettiCourt of Appeals for the Federal Circuit · 2017
- Inre: GellerCourt of Appeals for the Federal Circuit · 2014
- Pro-Football, Inc. v. BlackhorseDistrict Court, E.D. Virginia · 2015
- In Re Simon Shiao TamCourt of Appeals for the Federal Circuit · 2015
13 more not listed; retrieve them via the Exa API.