Comments posted organically
Law selectors, pages, etc.
Red Sox v. Sex Rod

By Curt Anderson
June 29, 2021 3:52 pm
Category: Law
(0.0 from 0 votes)
SelectSmart.com    SelectSmart.com    SelectSmart.com


Share
Rules of the Post
Rate this article
(5=best, 0=poor)
5 Stars
4 Stars
3 Stars
2 Stars
1 Star
0 Stars

In a 2008 complaint filed with the United States Patent and Trademark Office, Trademark Trial and Appeal Board, the Red Sox expressed their displeasure with the entrepreneurial intentions of one Brad Francis Sherman who wanted to sell clothes under the trade mark “Sex Rod”. Sex Rod is an anagram for Red Sox. The images below show that both Red Sox and Sex Rod seem to use a similar stylized font.


Red Sox file their opposition
The Boston Red Sox Baseball Team (the Opposer) filed an opposition to the Sex Rod trademark application: "Opposer has pleaded ownership of 16 registrations for marks consisting of or comprising the term RED SOX or a "RED SOX" image for a variety of goods and services. Opposer alleges that as a result of extensive sales and promotion opposer has built up highly valuable goodwill in the marks. Opposer further alleges that applicant's mark, displayed in the particular stylized font, is intended and will be understood to refer to the "Boston Red Sox Major League Baseball" club.

As its original grounds for opposition, opposer alleged priority and likelihood of confusion under Section 2(d) of the Trademark Act; and three grounds under Section 2(a) of the Act: (1) that the mark consists of immoral and scandalous matter; (2) that the mark disparages opposer and/or brings it into contempt or disrepute; and (3) that the mark falsely suggests a connection with opposer. Opposer subsequently amended the opposition to additionally allege that applicant did not have a bona fide intention to use the mark at the time of filing the application."

Sex Rod appeals
In defense, the applicant, Brad Francis Sherman, argued that the Sex Rod mark “represented the at once clever yet sophomoric sense of humor that prevails in those venues in which apparel bearing the SEX ROD stylized mark would likely be worn, e.g., ball parks, sports bars and university
campuses.”

Sherman described his mark "SEX ROD" as a parody of the RED SOX stylized mark, applicant argues that his mark is "an elegant and symmetrical transposition" of RED SOX; that it is a subtle play on words which "enhances the humor"; and that "the elegance of the execution mitigates any perceived vulgarity of the resulting turn of the phrase."

The USPTO decided for the Red Sox and against Sex Rod
Decision: The opposition is sustained on the grounds that the mark is scandalous and disparaging under Section 2(a) of the Trademark Act. The opposition is also sustained based on applicant's lack of bona fide intent to use the mark in commerce. The opposition is dismissed on the ground of likelihood of Opposition No. 91172268 33 confusion under Section 2(d) of the Act and on the ground that the mark falsely suggests a connection with opposer under Section 2(a) of the Act.



Cited and related links:

  1. ttabvue.uspto.gov
  2. ttabvue.uspto.gov


The views and claims expressed by contributors are their own and do not necessarily reflect the views and beliefs of SelectSmart.com. Not every statement made here can be assumed to be a fact.
Comments:

Be the first to comment on this article.


* Anonymous comments are subject to approval before they appear. Cookies Consent Policy & Privacy Statement. All Rights Reserved. SelectSmart® is a registered trademark. | Contact SelectSmart.com | Advertise on SelectSmart.com | This site is for sale!

Find old posts & articles

Articles by category:
SelectSmart.com
Report spam & abuse
SelectSmart.com home page


From our contributors:
Display Order:
"Significant" uptick in abortion-related violent threats after Supreme Court draft opinion leak, DHS warns
Government by HatetheSwamp     May 19, 2022 5:24 am (Rating: 1.0)
Last comment by Donna (33 comments) [227 views]


RCP: Democrats pull within two points of Republicans in 2022 Generic Congressional Vote Poll since SCOTUS leak
Fact Check by Curt_Anderson     May 20, 2022 12:13 pm (Rating: 0.0)
Last comment by Curt_Anderson (3 comments) [101 views]


Hillary approved sharing false Trump-Russia claims with press, campaign manager says
Crime by HatetheSwamp     May 20, 2022 4:47 pm (Rating: 0.0)
Last comment by Curt_Anderson (5 comments) [45 views]


The danger of frost has passed. We just put in our tomatoes and pepper plants.
Flora by Curt_Anderson     May 20, 2022 3:05 pm (Rating: 0.0)
Last comment by Donna (6 comments) [68 views]


European countries have sensible abortion laws
Opinion by Donna     May 6, 2022 11:47 pm (Rating: 5.0)
Last comment by islander (126 comments) [1740 views]


Archbishop bars Pelosi from communion over support for abortion rights
Religion by HatetheSwamp     May 20, 2022 1:14 pm (Rating: 0.0)
Last comment by (0 comments) [78 views]


Biden’s polls have tanked...SINCE THE ALITO OPINION LEAKED
Government by HatetheSwamp     May 19, 2022 1:48 pm (Rating: 1.0)
Last comment by HatetheSwamp (2 comments) [33 views]


Blue MAGAs attempt a Ballsey Ford on Elon Musk
Business by HatetheSwamp     May 20, 2022 12:29 pm (Rating: 0.0)
Last comment by (0 comments) [8 views]


Two in 10 Americans say US headed in the right direction, poll shows
Government by HatetheSwamp     May 20, 2022 12:00 pm (Rating: 0.0)
Last comment by (0 comments) [5 views]


Poll: A Solid Majority of Voters Support the Women’s Health Protection Act (WHPA)
Fact Check by Curt_Anderson     May 19, 2022 4:25 pm (Rating: 4.2)
Last comment by Curt_Anderson (2 comments) [99 views]