Yesterday, a federal Court of Appeals decided the fate of a trademark on “cock suckers,” which are rooster-shaped lollipops produced by a woman named Marsha Fox in support of the University of South Carolina Gamecocks. The trademark examiner denied her trademark on the grounds that it was “scandalous,” and the federal court affirmed. In support of this ruling, the court cited a law originally passed in 1905 that prohibited the issuance of trademarks if it “consists of or compromises ...
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