U.S. Trademark and Patent Office

In July 2005, a man named Brad Francis Sherman trademarked the words "Sex Rod" using the same font that is used in the Boston Red Sox logo. He planned to use it on more than 100 items including cardigans, night gowns and lingerie.

But when his trademark was published for opposition, the Red Sox opposed its use. According to a report we've obtained, the Red Sox opposition of the mark was upheld.

The Red Sox opposed the trademark based on its similarity to their logo, that it was immoral and scandalous, that it disparaged the team and falsely suggested that the team endorsed it.

In its opposition, the Red Sox connected the term 'rod' to the male anatomy and the court was not pleased that Sherman had registered the mark to use it on children's wear. But one of the main issues for the Trademark Trial and Appeal Board, which hears these cases, is that Sherman couldn't produce any goods that he had put the mark on.

In the end, the board agreed on some points with the Red Sox enough to keep Sherman from using the mark, but the board did not agree that people would think that the Red Sox endorsed or sponsored the design.

Questions?  Comments? 

Tools:

PrintEmail

Previous PostBack to Main Page