In Re Sauer

27 U.S.P.Q.2d 1073 (1993)

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Nature of the Case

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Facts

Bo Jackson is a famous athlete who has played both professional football and baseball. Bo Jackson is well known and has been a highly regarded collegiate and professional athlete in both baseball and football. 'Bo' is widely recognized and used as Bo Jackson’s nickname, which he has had since childhood. He is frequently referred to by 'Bo' alone, without any reference at all to his surname. P argues that 'Bo' is also the given name of several other widely recognized celebrities, such as Bo Diaz, Bo Belinsky, Bo Bo Osborne, and Bo Schembechler, and that therefore 'Bo' would not necessarily be understood to refer to Bo Jackson. P sought to register “Bo Ball” for an oblong-shaped, white leather ball with red stitching. The design suggests a combination of a football and a baseball. The Examiner refused registration because of the suggestion of the mark using the name of a famous person not affiliated with the product or the mark. P appealed.