In re Heeb Media, LLC

89 U.S.P.Q.2d 1071 (2008)

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In re Heeb Media, LLC

Trademark Trial and Appeal Board
89 U.S.P.Q.2d 1071 (2008)

Facts

Heeb Media, LLC (Heeb) (plaintiff) applied to register the mark “HEEB” for clothes and entertainment. Prior to this, in 2004, Heeb had already registered the mark “HEEB” for magazines. The examining attorney found that the word “Heeb” was a disparaging term referring to a substantial composite of Jewish people. The examining attorney provided evidence, including dictionary definitions and quotes from Jewish groups referring to Heeb’s magazine, showing that “Heeb” had been traditionally viewed as a disparaging term. Heeb provided letters from Jewish individuals and organizations expressing their support of the magazine. The examining attorney refused Heeb’s application for registration. Heeb appealed the decision to the Trademark Trial and Appeal Board (TTAB).

Rule of Law

Issue

Holding and Reasoning (Kuhlke, J.)

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