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Presidential No. 44: In Rare Section 2(c) Ruling, TTAB Affirms Refusal of "OBAMA BAHAMA PAJAMAS"

Rejecting Attorney Richard M. Hoefflin's lame arguments, the TTAB affirmed a Section 2(c) refusal to register the marks OBAMA BAHAMA PAJAMAS, OBAMA PAJAMA, and BARACK'S JOCKS DRESS TO THE LEFT for pajamas and briefs, because the record did not include the written consent of President Barack Obama, the living individual identified in the marks. In re Richard M. Hoefflin, Serial Nos. 77632391, 77632400, and 77632406 (December 10, 2010) [precedential].Section 2(c) of the Trademark Act "absolutely bars the registration of a designation that identifies a particular living individual absent written consent." In determining whether a particular living individual with that "name" would be associated with the mark, the Board must consider "(1) if the person is so well known that the public would reasonably assume the connection, or (2) if the individual is publicly connected with the business in which the mark is being used...continue to full post

Full post as published by The TTABlog on December 13, 2010 (boomark / email).