With a nod to Likelihood of Confusion, this story about the refusal of a trademark application for WHITE PRIDE COUNTRY WIDE. In 2004 Justin Moritz filed a trademark application for the mark WHITE PRIDE COUNTRY WIDE for goods in 4 classes. After an initial refusal based solely on the identification of goods, the Examining Attorney issued an Office Action refusing registration based on Sec. 2(a) claiming that the WHITE PRIDE portion of the mark because it comprises immoral or scandalous matter.
Although Mr. Moritz tried to overcome the refusal (rather than “appeal” the decision), the refusal was made final and Mr. Mortiz’s application was ultimately abandoned.
I am sure that I abhor Mr. Moritz’s politics as much as he loathes my homosexuality. Nonetheless, I am troubled by the refusal of this mark for registration. While Mr. Moritz had the right idea by pointing out the other marks that the USPTO has registered (e.g., African Pride, African Man Pride, Asian Pride, Bahama Pride, Black Pride, Brazilian Pride, China-Pride, Chippewa Pride, Choctaw Pride, Colombian Pride, Cuban Pride, Dakota Pride, Dominican Pride, El Salvador Pride, Ecuador Pride, Gay Pride Apparel, etc.), he did not submit evidence of these registrations in his response.
Again, while I do not agree with Mr. Moritz’s politics, I also do not agree with the USPTO’s decision in this case. It seems that perhaps Mr. Moritz’s application was about 2 years too late. Since his application was abandoned, the U.S. Supreme Court has struck down some affirmative action programs claiming that the only was to be race neutral is to remove race from consideration and the USPTO has finally registered DYKES ON BIKES – after years of refusing the applicant’s mark based on its immoral or scandalous connotation.
It seems that the USPTO is ascribing different meaning to different races. In other words, BLACK PRIDE is okay, but WHITE PRIDE is not. Aside from my aversion to Mr. Moritz’s politics, it would have been an interesting case to see to conclusion.
As a final matter, Mr. Moritz gripes about the fact that he lost $1,300 in non-refundable filing fees. However, he also likes to mention that he has been conferred Associate, Bachelor’s, and Master’s degrees from three Minnesota colleges. He also writes that, “I did it as an exercise against political correctness.”
Well, if this was simply a political exercise and you have all those degrees, then why the hell did you file your application in four (4) classes instead of just one (1)?
It also strikes me how he describes himself, “I am white, male, heterosexual, married, employed, native born, English speaking, Christian-valued, have no criminal record, and am a retired law enforcement officer.”