IN RE FOX

No. 2012-1212.

702 F.3d 633 (2012)

In re Marsha FOX.

United States Court of Appeals, Federal Circuit.

December 19, 2012.


Attorney(s) appearing for the Case

Michael B. Bressman, Vanderbilt Legal Clinic, of Nashville, TN, argued for appellant.

Thomas L. Casagrande, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee. With him on the brief were Raymond T. Chen, Solicitor, and Christina J. Hieber, Associate Solicitor.

Before DYK, PROST, and O'MALLEY, Circuit Judges.


DYK, Circuit Judge.

Marsha Fox appeals from a decision of the Trademark Trial and Appeal Board ("Board") affirming the refusal of the examiner to register her mark. The Board concluded that the mark was unregistrable under 15 U.S.C. § 1052(a). We affirm, holding that a mark that creates a double entendre falls within the proscription of § 1052(a) where, as here, one of its meanings is clearly vulgar.

BACKGROUND

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