Beer can sometimes be described as having a nutty flavor. Some brands have NUT in the name. But, what if the beer is called NUT SACK? Is it offensive or humorous? Engine 15 Brewing Co., located in Jacksonville Beach, Florida, is trying to register the trademark NUT SACK DOUBLE BROWN ALE for the name of one of its beers. Here is the label: Engine 15’s application for a trademark registration was initially refused registration based on the examiner’s determination that the mark is immoral and scandalous because “nut sack” is slang for a part of the male anatomy. The examiner found the mark NUT SACK DOUBLE BROWN ALE would be perceived as offensive to a substantial composite of the general public. Thus, the application was refused registration under Section 2(a) of the Trademark Act, which prohibits registration of immoral and scandalous marks. Engine 15 appealed the refusal to the Trademark Trial and Appeal Board and…
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