Federal Circuit Poised To Overturn Morality Standard

Rooster-shaped lollipops that were branded – you guessed it – cock suckers, were denied a trademark in 2012 because the USPTO called the meaning of the term “immoral and scandalous.” Now a similar case, in which that standard was upheld by a three judge panel of the Federal Circuit, is before the full 11 judge court. They want to decide whether denial of registration violates the First Amendment.