Some Verbs You Can't Trademark (Other Ones You Can)

I just read a ridiculous story on Sexual Intelligence about comedian and amateur t-shirt designer Cathy Lynn Carlson. A while back Cathy attempted to trademark the phrase “You Cum Like A Girl” for T-shirts, tank tops, scarves, and other clothing. Cathy's request was denied, she appealed, and last week she lost the appeal. In the ruling (which you can read here) the attorney assigned to this case concluded that the request could be denied under the exemption for “immoral, deceptive, or scandalous matter.” Specifically the term "cum" was considered scandalous because it is "vulgar" slang for "semen ejaculated during orgasm.” To support their case, the lawyer submitted both dictionary definitions and text taken from pornographic websites. The denial of appeal document explains...

This attached evidence illustrates the predominant connotation of the term CUM. The term is directly associated with degrading sexual acts involving girls being ejaculated on, and girls who are themselves ejaculating. As illustrated, the term CUM is clearly shocking to the sense of decency and is offensive in the context of the clothing marketplace as applied to the goods described in the application.

Now I'm not sure how I feel about fighting for someone's right to trademark ANY phrase, but the obvious prejudice against sexual speech here should be addressed. After all isn't there some shoe company that trademarked the phrase "Just Do It". When I hear that phrase I immediately think of ejaculation. Doesn't everyone?

And for that matter, if we turn our attention away from verbs and towards pronouns, what about "It's the Real Thing". Again, I was always taught that "it", particularly "doing it" was all about sex. What does Coca Cola and Nike have that Cathy Lynn Carlson doesn't?

Read more - Sexual Intelligence: Is “Cum” Vulgar? (Is Lenny Bruce Still Dead?)

Read more - The TTABlog: Marc Randazza on the TTAB's "YOU CUM LIKE A GIRL" 2(a) Affirmance