Monday, June 23, 2014

"Redskins" disparaging? How about "Amish Mafia?"

The USPTO has rejected Discovery Communications' application for registration for the mark "Amish Mafia" on the basis that the mark is disparaging to the Amish.  You can read Discovery's request for reconsideration here.  

Discovery argues, in part, that even if the mark is disparaging, it's not disparaging to all Amish, but only to the Amish who are also involved in organized crime. And they may have a point, noting the following marks that have NOT been denied registration:

MAFIA GRANNIES (Reg. No. 4250545)
PORTUGUESE MAFIA (Reg. No. 4404311)
DUTCH MAFIA (Reg. No. 4391891, 4391890, 4391887)
AMERICAN MAFIA (Reg. No. 4208994)
THE MEXICAN MAFIA (Reg. No. 3665101)
THE LESBIAN MAFIA (Reg. No. 3361741)

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