Trademark Rejection of Khoran Wine

Last week, a panel of five TTAB judges shot down an application for wines bearing the trademark name Khoran. The decision was made based on the trademark’s similarity with the holy text of Islam, the Koran. The panel rejected the application on the basis of disparagement. In re Lebanese Arak Corporation. In previous cases, the board has rejected marks that are belittling to a specific group of people.

When filing trademark applications with the United States Patent and Trademark Office, applications can be rejected for a number of reasons, such as likelihood of confusion in view of an earlier filed application, or for other legal grounds regarding the mark itself, such as disparagement in this case.

To determine disparagement, there is a two prong test:
1) what is the likely meaning of the
matter in question, taking into account
not only dictionary definitions, but
also the relationship of the matter to
the other elements in the mark, the
nature of the goods or services, and
the manner in which the mark is used in
the marketplace in connection with the
goods or services; and

2) if that meaning is found to refer to
identifiable persons, institutions,
beliefs or national symbols, whether
that meaning may be disparaging to a
substantial composite of the referenced
group.

The TTAB found that the second prong was easily met. The majority and dissent was split however, on the first prong. The dissent felt that this mark, in its context on the label of a wine bottle, would not be disparaging to Muslims. Moreover, they felt that the mark should be examined from the viewpoint of the average American wine consumer:

“We believe the Board must look to the general population of the United States and how they will understand applicant’s mark when it is being used in connection with the identified goods or services, in this case wine.”

And yet, it’s hard to believe that the average American would see the word Khoran (which is actually another spelling of the Islamic text), and not think of the Koran.

The wine in question is Armenian, where Khoran means “altar.” Apparently, it’s been sold under that name for several years there (and has been locally available through importers). But it looks like it’s not going to make it as a federally registered trademark in the U.S anytime soon.

No Trademark for Pussy

Certain things can be trademarked while other things cannot. Some of the “not” things are certain words or designs that are deemed to be immoral or scandalous under Section (2) of the Lanham Act. For example, remember when Damon Wayans tried to trademark “Nigga” for clothing? That got shut down by the examiner at the USPTO under Section (2).

In a recent 27-page decision, the Trademark Trial and Appeals Board (“TTAB” or “Board”) refused registration of the mark PUSSY NATURAL ENERGY in connection with energy drinks on the basis of it being scandalous.

Applicant’s attorney of course argued the predictable, that the mark has multiple meanings (meow!), and that nothing in the packaging is inherently or even suggestive of a vulgar connotation. Nonetheless the Board still stated that “the continually evolving meaning of the term ‘pussy’ has come to mean something more, (sic) than merely a cat…[s]pecifically, the term ‘pussy’ refers to the female genitalia…” Further, the Board concluded that based on the evidence the “attention-grabbing meaning is the only reasonable meaning to conclude the relevant public would perceived in this context.” Dare we ask what flavor the drink was?