Want to stay current on e–commerce law? Sign up for Email Newsletter.
New Australian Standard For Offensive Trademarks Is Just "Nuckin Futs"
After initially being turned away for an obvious spoonerism to what are traditionally offensive words, a peanut retailers application for the trademark “Nuckin Futs” received approval by the Australian Trademarks Office and is set to be registered this April.
The only qualification to the registration of the mark in Australia is that the brand would not be permitted to be marketed to children – a concession the retailer was willing to accept given its intended market would be in bars, clubs, and entertainment venues.
The ultimate success of the mark was thanks in large part to an Australian solicitor who successfully argued that the objectionable words were actually not offensive because that language is so commonplace to an average Australian that its use would not shock or offend the general population. The decision was not made abruptly, as the final decision was made after a year-long objection fought by the retailer, Gold Coast.
Aside from the expected concerns related to the age-old debate between free expression and public decency, the ruling brings into question the reaction from other countries with similar legislation, such as Canada’s Trade-Marks Act, which currently prohibits trademarks for “any scandalous, obscene or immoral word or device”. If similar arguments were successful in Canada, it would undoubtedly lead to the potential availability of stimulating – and valuable – new trademarks being sought.
For more information, please visit:
http://bit.ly/yjSSG9
For a copy of Canada’s trade-mark act, please visit:
http://bit.ly/xqmjO4