In re Fox
United States Court of Appeals for the Federal Circuit
702 F.3d 633 (2012)
Relevant factsFree
Fox (plaintiff) sold rooster-shaped lollipops under the trade name "Cock Sucker" targeted at fans of university teams with gamecock mascots, and conceded her mark was designed to invoke a deliberate double entendre; the trademark examiner denied registration as vulgar, and the Trademark Trial and Appeal Board (defendant) affirmed, prompting Fox's appeal.
IssueFree
Whether a trademark that invokes a vulgar meaning to a substantial composite of the general public is registrable.