While we were perusing the Federal Circuit’s RSS feed for the latest and greatest opinions on takings law, we came across this gem, In re Marsha Fox, No. 2012-1212 (Dec. 19, 2012), a case about trademarks.
Trademarks? Why pray tell, are you wasting our time posting this case, then?
Because in Fox, the court upheld the trademark examiner’s rejection of registration of “C**K SUCKER” for a line of “rooster-shaped lollipops.” The opinion is a classic, destined for future Intellectual Property casebooks, and deals with “double entendres,””scandlous meanings,” and the various definitions of the term in dictionaries. More on the case here. We can’t wait for the cert petition.
For more, be sure to listen to the oral argument recording:
Stream the oral arguments here
Our “straight-face of the year” award collectively goes to the judges and counsel. They almost got through the entire oral argument without a guffaw. Almost (see 19:30 mark).