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Article
NSFW: An Empirical Study of Scandalous Trademarks
Cardozo Arts & Entertainment Law Journal (2016)
  • Megan M. Carpenter
  • Mary Garner, Texas A&M University School of Law
Abstract
This project is an empirical analysis of trademarks that have received rejections based on their “scandalous” nature. It is the first of its kind.

The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act, this piece is the first scholarly project that engages an empirical analysis of the Section 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. This study analyzes which marks are being rejected, what evidence is being used to reject them, and who the applicants are. Our data pays particularly close attention to the evidence used to determine whether a mark is scandalous. We also consider whether this bar is effective at removing these marks from the consumer marketplace.
Keywords
  • trademark law,
  • intellectual property,
  • empirical legal studies,
  • scandalousness,
  • trademark registration,
  • trademark refusal
Publication Date
2016
Publisher Statement
Permission is hereby granted for noncommercial reproduction of this Article in whole or in part for education or research purposes, including the making of multiple copies for classroom use, subject only to the condition that the name of the author, a complete citation, and this copyright notice and grant of permission be included in all copies.
Citation Information
Megan M. Carpenter and Mary Garner. "NSFW: An Empirical Study of Scandalous Trademarks" Cardozo Arts & Entertainment Law Journal Vol. 33 (2016) p. 321
Available at: http://works.bepress.com/megan_carpenter/17/