FCUK Inn Pattaya

[wowpow]

http://img.photobucket.com/albums/v27/wowpow/IMG_2385.jpg

Baht Bus advert.

[Smiles]

Bureaucrats giving a fcuk . . .



Trade Marks Registry rejects application to invalidate FCUK mark

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The Trade Mark Registry has rejected the application by Mr Dennis Woodman to declare the FCUK trade mark invalid for being contrary to public policy or to accepted principles of morality under s.3(3)(a) Trade Marks Act 1994.

The FCUK mark is owned by French Connection Limited, and is registered in class 14 for goods including watches and jewellery.
Mr Woodman claimed the mark should be removed from the register as it could be misconstrued as FUCK.

He presented evidence from the Advertising Standards Agency of complaints upheld where FUCK, or the word with letters replaced by typographical characters (e.g. F*CK), was used. The majority of complaints upheld related to cases where FCUK was used with images likely to cause interpretation of the mark as the expletive, or in phrases such as тАЬWorldтАЩs biggest fcukтАЭ.

French Connection claimed that the mark was first used as a reference to the UK division (e.g. FCHK denotes Hong Kong). Evidence was produced showing sales by FCUK-branded products through numerous retailers and its own stores. In addition, evidence of FCUK sponsorship of cultural and arts events as well as sports personalities was produced.

The hearing officer followed David Kitchen QCтАЩs statement in FOOK (Case O-182-05) that the mark must be one that would justifiably cause outrage or be the subject of justifiable censure as being likely to undermine current religious, family or social values.
The hearing officer first had to establish whether FUCK would be declared invalid under s.3(3)(a) TMA.

FUCK is not registrable because, although it is commonly used, it is deeply offensive and is likely to cause justifiable outrage in a significant section of the public. Therefore, the hearing officer had to decide whether the mark FCUK (as of the filing date namely 16 December 1998) was likely to offend for being seen as FUCK with reference to the visual, aural and conceptual impact of FCUK on consumers.

FCUK is not a word with meaning and would be pronounced as F-C-U-K and therefore it is aurally different. Conceptually, the meaning of FCUK depended on whether it was seen as four letters or as the word FUCK.
As it is a short word the difference between FUCK and FCUK is unlikely to be overlooked. The hearing officer also found that the evidence showing how traders used the FCUK mark suggests a careful management of its presentation by using it with the French Connection name, on its own, or with the registered trade mark symbol. Therefore, there was little evidence that it had been used in a context which would lead it to being seen as the expletive, and so the application for invalidity failed on the evidence.

Decision 0-330-05 In the matter of an application under No. 81862 by Dennis Woodman for a declaration of invalidity in respect of trade mark no. 2184549 in the name of French Connection Limited 20th December 2005

http://www.bakernet.com/newsletters/New ... =1270#8561 (http://www.bakernet.com/newsletters/Newsletter_Full.asp?NLID=5&EditionID=1270#8561)


This finding would mean also that the differentiation between the word FCUK and FUCK can now be extrapolated into the greater world beyond advertising: for instance, it's now perfecly proper to refer to wx40afp as " ... a fat fcuking troll ... ", yet morally unjustifiable to use the phrase " ... Mr wx40afp is a fucking fat troll ... ".

Glad we've got that cleared up.


Cheers ...