Read IN RE THE BOULEVARD ENTM'T, INC., 02-1585

Substantial evidence supports the Trademark Trial and Appeal Board's finding that the term JACK OFF is a vulgar reference to masturbation and that plaintiff's use of the marks refers to such meaning, thus registration of the mark is barred by section 2(a) of the Trademark Act, which precludes registration of marks that consist of immoral or scandalous matter.

Appellate Information

• Decided 07/09/2003
• Published 07/09/2003

Judges

• BRYSON, Circuit Judge., Before NEWMAN, BRYSON and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David Gurnick, Arter & Hadden LLP, of Woodland Hills, CA, argued for appellant.   With him on the brief was Tal S. Grinblat.


• For Appellees:
  
• John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for appellee.   With him on the brief were Cynthia C. Lynch, and Raymond T. Chen, Associate Solicitors.   Of counsel was Nancy C. Slutter, Associate Solicitor.