Quote:
Originally Posted by AmeliaG
Adult terms in a brand name have almost always led to a rejection for trademark protection, so that wouldn't really be the outcome of a legal precedent here. The potential change would be the precedent set if the band wins.
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Agreed, but with the backing of major brands like the Redskins, and the remarks of one of the judges that it's time to rexamine how things are being done, and the work being done by FALA that may soon be a reality.
@juicybunny
My reply does answer yours. You asked, other than the trademark beaurocrats, who would be in position to determine if a brand should be trademarkable. My answer is that the free market will cause brands to sink or swim... All the government should be looking at is whether the term is already marked, whether it is merely descriptive, etc.... There is no reason anyone needs to examine whether any brand is tasteful as part of an IP examination.