In re Heeb Media, LLC
Trademark Trial and Appeal Board
89 U.S.P.Q.2d 1071 (2008)
Heeb Media (plaintiff), which had already registered "HEEB" for magazines, sought to register the same mark for clothing and entertainment services. The examining attorney found the term traditionally disparaging to Jewish people, citing dictionary definitions and quotes from Jewish groups about Heeb's own magazine, while Heeb submitted letters from Jewish individuals and organizations supporting the magazine's empowering use of the term. The examining attorney refused registration, and Heeb appealed.
For a mark to be disparaging under the Lanham Act, does the mark need to be disparaging to a substantial composite of the referenced group, rather than necessarily a majority of that group?