
Since the Boston Red Sox got bounced by those lovable Tampa Bay Rays, they can fully devote their attention to more pressing matters.
Like the ‘Sex Rod’ case.
An interesting but completely fucking stupid copyright/patent case for the ages, the argument of slang terms for a penis are argued. The long and short of it is that back in July of 2005, Brad Francis Sherman from New York, (which I’m sure didn’t help the matter at all), applied for a patent and trademarked the term ‘Sex Rod’ written in the stylized font similar to the above ‘Red Sox’ logo. His intention was to satirize the Red Sox trademark and brand clothing items for sale with his ‘Sex Rod’ logo.
He was going to put the logo on cardigans, t-shirts, lingerie, night gowns and other clothing items.
But the Red Sox organization has been fighting Sherman’s use of their logo arguing that it is immoral, scandalous, and could imply a false endorsement from the baseball team.
One of the funniest and best parts of this whole thing is reading through the Trademark Trial and Appeal Board’s testimony where the Red Sox lawyers argue that ‘rod is a euphemism for the male anatomy.’
No shit huh?!? WhenBut it is pretty funny to imaging a bunch of nerds in suits arguing over whether ‘the public’ would reasonably assume that ‘rod’ would be understood to mean ‘an object with phallic qualities’.
Get a fucking grip.
I think what really fucked Sherman’s case to keep his Sex Rod brand was that he intended to produce the logo on children’s clothing including baby bibs and infant-wear. The board was none too happy with the thought of babies sporting ‘Sex Rod’ paraphernalia.
Reminds me of that Disney kids underwear that said ‘Dive In’ on it.
In the end, Sherman was blocked from using Sex Rod mostly because he couldn’t produce any products with the logo or the intention of using these products. The ‘intent to use’ clause did not appear to be filled by Sherman. He argued he could launch a product line in minutes by simply creating a ‘Cafe Press’ account, but the board didn’t buy that theory and thought he was just dicking them around.
However, the board did disagree with the Red Sox on one major point, judging that it would be unreasonable to assume someone seeing the Sex Rod logo would imply endorsement from the team. So they aren’t completely off base on that one. Unfortunately, that wasn’t enough to persuade them the other way and it now looks like Sex Rod clothing is down and out.
Bets that Alex Rodriguez jumps in and buys this name???
Tags: Ben Francis Sherman, Boston, clothing, logos, New York, Red Sox, rod, Sex Rod, worldgaming