Monday, October 27, 2008

TTAB Affirms 2(a) Refusal of "COCAINE" as Scandalous for Soft Drinks

Marc Randazza, at The Legal Satyricon blog, discusses (here) the TTAB's recent ruling that the mark COCAINE (in the form shown below) for "carbonated and non-carbonated soft drinks and energy drinks” is scandalous and therefore unregistrable under Section 2(a). In re James T. Kirby, Serial No. 77006212 (September 22, 2008). [not precedential].

Marc sums up his view of the case thusly: "Despite the abject stupidity of this decision, I can’t necessarily blame the TTAB for rendering its decision. ... the Applicant had ample opportunity to refute the examiner’s evidence. [His] counsel was obviously unfamiliar with the particular land mines that await those who choose to litigate before the TTAB, and he unfortunately stepped on a couple of them."

Text Copyright John L. Welch 2008.


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