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Precedential No. 41: Red Sox See No Humor in "SEX ROD" for Clothing; TTAB Finds Lack of Bona Fide Intent and Deems Mark Vulgar, Disparaging

The Boston Red Sox were not amused when New Yorker and self-proclaimed "humorist" Brad Francis Sherman attempted to register the mark SEX ROD in the stylized form shown here, for 136 clothing items (including infantwear, baby bibs, and girdles). The TTAB also failed to appreciate the humor. The Board sustained the Club's opposition, finding that Sherman lacked a bona fide intent to use the mark, and further that the mark is both scandalous and disparaging under Section 2(a). However, the Board dismissed the Red Sox claims of likelihood of confusion and 2(a) false connection. Boston Red Sox Baseball Club Limited Partnership v. Brad Francis Sherman, Opposition No. 91172268 (September 9, 2008) [precedential].Lack of Bona Fide Intent: Applicant Sherman stated on discovery that he had no documentation to support his claimed intention to use the mark...continue to full post

Full post as published by The TTABlog on September 24, 2008 (boomark / email).