In re Fox
United States Court of Appeals for the Federal Circuit
702 F.3d 633 (2012)
- Written by Sean Carroll, JD
Facts
Marsha Fox (plaintiff) sold rooster-shaped lollipops under the trade name “Cock Sucker.” Fox’s primary targeted consumers were fans of the University of South Carolina and Jacksonville State University, both of which used gamecocks as their mascot. Fox applied for a trademark for the words “Cock Sucker” combined with a picture of a rooster. Fox conceded that the purpose of the mark was to invoke a double entendre. The trademark examiner denied Fox’s application on the ground that the mark was vulgar. The Trademark Trial and Appeal Board (defendant) affirmed. Fox appealed.
Rule of Law
Issue
Holding and Reasoning (Dyk, J.)
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