Seattle Trademark Lawyer

The New York Times reported December 18 that opposition from five students at Cleveland State University’s College of Law to James Kirby’s application to register COCAINE as a trademark in connection with an energy drink has led the Patent and Trademark Office to rethink its tentative approval for the mark. Mr. Kirby reportedly owns Redux Beverages, the maker of the drink. The students and their professor, Michael Davis, represent Americans for Drug Free Youth, Inc. They argued that the mark should be barred from registration under 15 U.S.C. Sec. 1052(a) because it is “immoral or scandalous.” The proceeding is Opposition No. 91173295.

Mr. Kirby is not alone in seeking to register COCAINE. Applications to register COCAINE for beauty creams (Serial No. 78820405) and clothing (Serial No. 77031642) are currently pending with the Patent and Trademark Office, and DEER CO-CAIN BLACK MAGIC is already registered for “nutritional supplements, with attractions for deer” (Registration No. 2662785).