Lesley A. Wallerstein, LLC
“LEFT NUT BREWING COMPANY” NOT scandalous for beer…

“LEFT NUT BREWING COMPANY” NOT scandalous for beer…

By In trademarks On November 17, 2015

In recent news, the trademark examining attorney refused registration of the stylized mark LEFT NUT BREWING COMPANY for beer, on grounds that it was scandalous and vulgar. Applicant appealed to the Trademark Trial and Appeals Board. The Board agreed that while yes, LEFT NUT is one, somewhat vulgar way of referring to a testicle, that it also has “a number of different meanings, not always vulgar.” For example, it is also “a figure of speech used to describe the lengths to which someone might go to attain something of great value. It can refer to a passenger’s position in an automobile, i.e., behind the driver. And it can refer to a member of the “political left” or a “left wing screwball.” Moreover, the Board pointed out that other anatomically suggestive “NUT” trademarks have registered, e.g. MY HUSBAND’S NUTS, in typed form, for “candied, shelled, roasted and seasoned” nuts and almonds, SMELL MY NUTS, in standard characters, for scented candles and HAVE SOME GUTS. . .CHECK YOUR NUTS, in standard characters, for wristbands. Because of these mixed uses of the word NUT, mixed nuts, if you will, the examining attorney’s refusal to register this mark was reversed.


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