Originally posted 2011-05-05 17:33:54. Republished by Blog Post Promoter

Marc “Hussein” Randazza — who hardly needs extra stimulants in his life right this second — brings his “A-game” to this very thorough consideration of the failure of the applicant for COCAINE as a trademark for soft drinks to overcome a PTO refusal to register on the grounds that the mark is … you guessed it! … immoral and scandalous.

For a change, we have nothing to add.  Really.

By Ron Coleman

I write this blog.

5 thoughts on “He don’t lie, he don’t lie, he don’t lie…”
  1. Ron,

    You just made me laugh so long, and so hard, that I am lightheaded… and I have had a TERRIBLY stressful day.

    Thank you. You’ve performed a mitzvah. (I don’t know if I am using that word correctly, but I’m using it the way it was taught to me).


  2. Interesting decision, but isn’t “Coke”, the caffeinated soft drink , a registered trademark owned by the Coca Cola company. Wouldn’t there be likelihood of confusion concerns with the oh so scandalous sounding/heavily caffeinated soft & energy drinks like Diet Coke, Cherry Coke, Coke zero ?
    Are soft/ energy drinks for kids and adults, named after slang versions of “illegal drugs”, somewhat less “scandalous” and “immoral” sounding.

  3. That’s actually a pretty good point, Jaded! But would Coca-Cola make that argument? “We claim likelihood of confusion — people will read COCAINE and think of COCA-COLA!”

  4. They might read COCAINE and think COKE as in Cherry Coke, Vanilla Coke, Coke Zero, and or if they’ve been doing too much sniffing, Diet Coke. And for some caffeine is just as much a stimulant as a bona fide energy drink.

    See here http://en.wikipedia.org/wiki/Coca-Cola for the different “scandalous/immoral” sounding flavors in slang available for legal purchase under the COKE brand.

    “Coke” is just as much an illegal drug reference as “Cocaine” and they both refer to the exact same drug.
    If Coke was able to obtain a valid trademark registration, (other than the likelihood of confusion concerns here, being that they are both commonly used to refer to the same illegal stimulant substance and the drinks are both stimulant oriented) Cocaine should be the given the same trademark allowances and protection.

  5. Gives new meaning to the terms:

    “Coke adds life” and “Have a Coke and a smile”!!

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