Customs and Patent Appeals· 10/1/1981

In re McGinley

Citations

660 F.2d 481
211 U.S.P.Q. (BNA) 668
1981 CCPA LEXIS 177

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

“[T]he threshold for objectionable matter is lower for what can be described as ‘scandalous’ than for ‘obscene’…”
User of mark refused registration under Section 2(a) of the Lanham Act still may enforce rights under common law
mark consisting of “a photograph of a nude man and woman kissing and embracing in a manner appearing to expose the male genitalia” for a swingers newsletter
mark consisting of “a photograph of a nude man -and woman kissing and embracing in a maimer appearing to expose the male genitalia” for a swingers newsletter
“Because of our holding, infra, that appellant’s mark, is ‘scandalous,’ it is unnecessary to consider whether appellant’s mark is ‘immoral.’ We note the dearth, of reported trademark decisions in which .the. term ‘immoral’ has been directly applied.”
“In determining whether appellant's mark may be refused registration as scandalous, the mark must be considered in the context of the marketplace as applied to only the goods or services described in the application for registration.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Baldwin, Miller, Rich

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Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

Other cases named In re McGinley

2 other CourtListener records share this case name.

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