We've been through this with Cocaine, now Drank, a purple "relaxation" beverage whose name refers to "purple drank," slang for cough syrup mixed with soda. Is a blatant drug reference for a consumable item inherently scandalous/immoral and thus unregistrable? Is it deceptive, given that the drink doesn't contain cough syrup? Or does its very shock value make clear that it can't contain the promised ingredient, converting it to inherently distinctive?
Sunday, January 04, 2009
Drug references for beverages revisited
We've been through this with Cocaine, now Drank, a purple "relaxation" beverage whose name refers to "purple drank," slang for cough syrup mixed with soda. Is a blatant drug reference for a consumable item inherently scandalous/immoral and thus unregistrable? Is it deceptive, given that the drink doesn't contain cough syrup? Or does its very shock value make clear that it can't contain the promised ingredient, converting it to inherently distinctive?
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