The Volokh Conspiracy - More on Allegedly Offensive Trademarks:

The Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office refuses to register the trademark "Pussy", for use on various drinks, both alcoholic and nonalcoholic. Such a mark, the TTAB ruled, was prohibited by the statute, because it "consists of or comprises immoral or scandalous matter" (in the statute's words). Here's a nice block quote from the decision, itself quoted from an opinion that held the mark "Black Tail" (to be used for sexually themed magazines) was not immoral or scandalous, apparently because an alternative meaning of "tail" was simply "buttocks or the hindmost or rear end":

Compare In re Old Glory Condom Corp., 26 USPQ2d 1216 (TTAB 1993) (OLD GLORY CONDOM CORP, with stars and stripes design on condoms suggesting the American flag, not scandalous); In re In Over Our Heads Inc., 16 USPQ2d 1653 (TTAB 1990) (MOONIES on dolls, whose pants can be dropped to expose their buttocks, not scandalous); In re Hershey, 6 USPQ2d 1470 (TTAB 1988) (BIG PECKER BRAND on T-shirts not scandalous); In re Leo Quan Inc., 200 USPQ 370 (TTAB 1978) (BADASS for bridges of stringed musical instruments not scandalous); In re Madsen, 180 USPQ 334 (TTAB 1973) (WEEK-END SEX on magazines not scandalous); In re Hepperle, 175 USPQ 512 (TTAB 1972) (ACAPULCO GOLD on suntan lotion not scandalous); Ex parte Parfum L'Orle, Inc., 93 USPQ 481 (Pat. Off. Exam'r-Chief 1952) (LIBIDO on perfumes not scandalous) with In re Tinseltown, Inc., 212 USPQ 863 (TTAB 1981) (BULLSHIT on personal accessories scandalous); In re Runsdorf , 171 USPQ 443 (TTAB 1971) (BUBBY TRAP for brassieres scandalous); In re Sociedade Agricola E. Comerical Dos Vinhos Messias, S.A.R.L., 159 USPQ 275 (TTAB 1968) (MESSIAS on wine and brandy scandalous); In re Reemtsma Cigarettenfabriken G.m.b.H., 122 USPQ 339 (TTAB 1959) (SENUSSI on cigarettes scandalous); In re P.J. Valckenberg, GmbH, 122 USPQ 334 (TTAB 1959) (MADONNA on wine scandalous); Ex parte Summit Brass & Bronze Works, Inc., 59 USPQ 22 (TTAB 1943) (AGNUS DEI on metallic tabernacle safes scandalous); In re Riverbank Canning Co., 95 F.2d 327, 37 USPQ 268 (CCPA 1938) (MADONNA on wine scandalous); Ex parte Martha Maid Mfg. Co., 37 USPQ 156 (Comm'r Pats. 1938) (QUEEN MARY on women's underwear scandalous)....

[See also] In re Boulevard Entertainment Inc., 334 F.3d 1336, 67 USPQ2d 1475 (Fed. Cir. 2003) (1-800-JACK-OFF and JACK-OFF for entertainment in the nature of adult-oriented conversations by telephone held scandalous); Boston Red Sox Baseball Club LP v. Sherman, 88 USPQ2d 1581 (TTAB 2008) (SEX ROD for clothing held scandalous); In re Red Bull GmbH, 78 USPQ2d 1375 (TTAB 2006) (BULLSHIT for various alcoholic and nonalcoholic beverages, including energy drinks, and related services held scandalous); In re Wilcher Corp., 40 USPQ2d 1929 (TTAB 1996) (DICK HEADS' and design for bar and restaurant services held scandalous).

(The opinion acknowledges that these decisions very much depend on the standards of the time, so that some of the older decisions might well not be followed today.)

Recall that after such a decision people remain free to sell and advertise products using the term; it's just that they don't get special protection against infringement that they would get if the mark were registered.

Three side notes: (1) The opinion relies heavily on online sources, including the results of Google searches and Wikipedia, as well as foulmouthshirts.com

(2) "This case is distinguishable from the Hershey case where the Board found a credible double entendre in the BIG PECKER mark based on the display of a chicken with a beak along with the BIG PECKER word mark in the specimen of record." Yeah. Right.

(3) Compare this item (paragraph 3) with this follow-up (paragraph 5).

Thanks to How Appealing for the pointer.

	[Eugene Volokh, May 22, 2009 at 12:31am] Trackbacks More on Allegedly Offensive Trademarks: The Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office refuses to register the trademark "Pussy", for use on various drinks, both alcoholic and nonalcoholic. Such a mark, the TTAB ruled, was prohibited by the statute, because it "consists of or comprises immoral or scandalous matter" (in the statute's words). Here's a nice block quote from the decision, itself quoted from an opinion that held the mark "Black Tail" (to be used for sexually themed magazines) was not immoral or scandalous, apparently because an alternative meaning of "tail" was simply "buttocks or the hindmost or rear end": Compare In re Old Glory Condom Corp., 26 USPQ2d 1216 (TTAB 1993) (OLD GLORY CONDOM CORP, with stars and stripes design on condoms suggesting the American flag, not scandalous); In re In Over Our Heads Inc., 16 USPQ2d 1653 (TTAB 1990) (MOONIES on dolls, whose pants can be dropped to expose their buttocks, not scandalous); In re Hershey, 6 USPQ2d 1470 (TTAB 1988) (BIG PECKER BRAND on T-shirts not scandalous); In re Leo Quan Inc., 200 USPQ 370 (TTAB 1978) (BADASS for bridges of stringed musical instruments not scandalous); In re Madsen, 180 USPQ 334 (TTAB 1973) (WEEK-END SEX on magazines not scandalous); In re Hepperle, 175 USPQ 512 (TTAB 1972) (ACAPULCO GOLD on suntan lotion not scandalous); Ex parte Parfum L'Orle, Inc., 93 USPQ 481 (Pat. Off. Exam'r-Chief 1952) (LIBIDO on perfumes not scandalous) with In re Tinseltown, Inc., 212 USPQ 863 (TTAB 1981) (BULLSHIT on personal accessories scandalous); In re Runsdorf , 171 USPQ 443 (TTAB 1971) (BUBBY TRAP for brassieres scandalous); In re Sociedade Agricola E. Comerical Dos Vinhos Messias, S.A.R.L., 159 USPQ 275 (TTAB 1968) (MESSIAS on wine and brandy scandalous); In re Reemtsma Cigarettenfabriken G.m.b.H., 122 USPQ 339 (TTAB 1959) (SENUSSI on cigarettes scandalous); In re P.J. Valckenberg, GmbH, 122 USPQ 334 (TTAB 1959) (MADONNA on wine scandalous); Ex parte Summit Brass & Bronze Works, Inc., 59 USPQ 22 (TTAB 1943) (AGNUS DEI on metallic tabernacle safes scandalous); In re Riverbank Canning Co., 95 F.2d 327, 37 USPQ 268 (CCPA 1938) (MADONNA on wine scandalous); Ex parte Martha Maid Mfg. Co., 37 USPQ 156 (Comm'r Pats. 1938) (QUEEN MARY on women's underwear scandalous).... [See also] In re Boulevard Entertainment Inc., 334 F.3d 1336, 67 USPQ2d 1475 (Fed. Cir. 2003) (1-800-JACK-OFF and JACK-OFF for entertainment in the nature of adult-oriented conversations by telephone held scandalous); Boston Red Sox Baseball Club LP v. Sherman, 88 USPQ2d 1581 (TTAB 2008) (SEX ROD for clothing held scandalous); In re Red Bull GmbH, 78 USPQ2d 1375 (TTAB 2006) (BULLSHIT for various alcoholic and nonalcoholic beverages, including energy drinks, and related services held scandalous); In re Wilcher Corp., 40 USPQ2d 1929 (TTAB 1996) (DICK HEADS' and design for bar and restaurant services held scandalous). (The opinion acknowledges that these decisions very much depend on the standards of the time, so that some of the older decisions might well not be followed today.) Recall that after such a decision people remain free to sell and advertise products using the term; it's just that they don't get special protection against infringement that they would get if the mark were registered. Three side notes: (1) The opinion relies heavily on online sources, including the results of Google searches and Wikipedia, as well as foulmouthshirts.com (2) "This case is distinguishable from the Hershey case where the Board found a credible double entendre in the BIG PECKER mark based on the display of a chicken with a beak along with the BIG PECKER word mark in the specimen of record." Yeah. Right. (3) Compare this item (paragraph 3) with this follow-up (paragraph 5). Thanks to How Appealing for the pointer.