TY  - GEN
N2  - This project is an empirical analysis of trademarks that have received rejections based on their “scandalous” nature. It is the first of its kind.The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act, this piece is the first scholarly project that engages an empirical analysis of the Section 2(a) rejectionsbased on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. This study analyzes which marks are being rejected, what evidence is being used to reject them, and who the applicants are. Our data pays particularly close attention to the evidence used to determine whether a mark is scandalous. We also consider whether this bar is effective at removing these marks from the consumer marketplace.
AB  - This project is an empirical analysis of trademarks that have received rejections based on their “scandalous” nature. It is the first of its kind.The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act, this piece is the first scholarly project that engages an empirical analysis of the Section 2(a) rejectionsbased on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. This study analyzes which marks are being rejected, what evidence is being used to reject them, and who the applicants are. Our data pays particularly close attention to the evidence used to determine whether a mark is scandalous. We also consider whether this bar is effective at removing these marks from the consumer marketplace.
T1  - NSFW :An Empirical Study of Scandalous Trademarks
AU  - Carpenter, Megan
AU  - Garner, Mary
LA  - eng
ID  - 41912
KW  - Trademarks
KW  - Mark
KW  - Morality
KW  - Lanham Act Bars
KW  - NSFW
SN  - 0736-7694
TI  - NSFW :An Empirical Study of Scandalous Trademarks
LK  - http://www.cardozoaelj.com/wp-content/uploads/2014/01/1.-NEW-Carpenter-Garner-TA-Galleyed-Final-20151211.pdf
UR  - http://www.cardozoaelj.com/wp-content/uploads/2014/01/1.-NEW-Carpenter-Garner-TA-Galleyed-Final-20151211.pdf
ER  -