CAFC Hears Oral Arguments in FUCK and RAPUNZEL Appeals

The CAFC recently heard oral argument in two appeals from the TTAB. In In re Brunetti, the Board refused registration of the mark FUCK for phone cases, jewelry, bags, and retail store services on the ground of failure-to-function, concluding that the word "fuck" is in such widespread use that it does not create the commercial impression of a source indicator, but rather expresses well-recognized, familiar sentiments. [TTABlogged here].

In re Brunetti oral argument

In Curtin v. United Trademark Holdings, Inc., the Board dismissed Professor Rebecca Curtin's opposition to registration of the mark RAPUNZEL for dolls and toy figures, finding that Curtin, as a mere consumer of fairytale-themed products, failed to prove her entitlement to a statutory cause of action. [TTABlogged here]

Curtin v. United Trademark Holdings, Inc. oral argument

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TTABlogger comment: My prediction, based on the oral arguments: Brunetti reversed; Curtin affirmed.

Text Copyright John L. Welch 2025.