In re Donald E. Moriarty

2020 TTAB LEXIS 507 (2020)

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In re Donald E. Moriarty

United States Trademark Trial and Appeal Board
2020 TTAB LEXIS 507 (2020)

Facts

Donald Moriarty (plaintiff) applied to register “WORST MOVIE EVER!” as a trademark to use for parody films of bad movies. The trademark examining attorney at the United States Patent and Trademark office (defendant) declined to register Moriarty’s proposed trademark because it was a slogan that did not function to identify or distinguish Moriarty’s products from other similar products. The trademark examining attorney determined that the phrase “WORST MOVIE EVER!” was frequently used in various newspapers, magazines, internet articles, and other publications to convey the ordinary sentiment that a film was of low quality or unenjoyable. Moriarty appealed the refusal to register his proposed trademark. The trademark examining attorney submitted numerous articles from different types of sources to demonstrate the frequent use of the proposed trademark in the media.

Rule of Law

Issue

Holding and Reasoning (Shaw, J.)

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