Following hard upon Iva Cheung’s delicious food-based ethnic slurs post, we turn to disparaging and sweary food truck trademarks.
First, a recent and timely controversy over food service-related branding. Local officials in Keene, New Hampshire were dismayed when signage popped up for a new Vietnamese restaurant, PHO KEENE GREAT.
Let’s get one thing out of the way: Kevin Richards, the Canadian chocolatier who founded SHYTE Chocolate in May 2017, is in on the joke.
Christmas has come early this year for business owners who want to sell their products using any goddamned language they like. Yes, the floodgates of retail profanity have opened in 2017.
In Part 1 of “A Feline Profanity” I asked and answered a few questions about pussy, starting with: How offensive is it, anyway? Pretty fucking offensive when it’s a male epithet. But in other contexts, such as marketing and trademark law, pussy is a bit of a puzzler. Continue reading
I’m very excited to be a new contributor to Strong Language, after my two previous salacious guest posts on scandalous trademarks. I’ve been the author of Gilson on Trademarks, a treatise on U.S. trademark law, since 2006, and I’m delighted to make this foray into sweary territory. Just don’t tell my parents.
Now, on to our story. Engine 15 Brewing Company applied to register the trademark NUT SACK DOUBLE BROWN ALE for beer. An attorney at the U.S. Patent and Trademark Office refused registration on the ground that the mark was scandalous, meaning that it would offend “a substantial composite of the general public.” The applicant appealed, putting the ball in the Trademark Trial and Appeal Board’s court. Here’s the beer’s label, which the owner did not try to register:
Before we see how the Board ruled, though, let’s start the ball rolling by looking at the USPTO’s record on testicles, scrotum and related slang terms.