After nearly six years, I am updating
theTTABlog collection of Section 2(a) false
connection cases. There appears to be a fairly even split between
cases in which a false connection is found, and those not. Of
course, most of these decisions are not precedential, but we know
that even non-precedential decisions may be helpful in framing
effective arguments and locating precedential support for them.
Section 2(a) provides, in pertinent part, that "[n]o
trademark by which the goods of the applicant may be distinguished
from the goods of others shall be refused registration on the
principal register on account of its nature unless it (a) consists
of or comprises . . . matter which may . . . falsely suggest a
connection with persons living or dead, institutions, beliefs, or
national symbols."
