Whose Big Cock is that?

This post isn’t as NSFW as the headline might suggest. In fact, it deals with that titillating subject known as trademark law.

Seems that back in 2007, Chris Peterson, the owner of Dakota Hunting Trips of White River, obtained a trademark registration from the South Dakota Secretary of State for “Big Cock Country.” He says he’s used the phrase since 2001 on a variety of apparel sold mostly at truck stops in South Dakota. Peterson obtained a federal trademark registration for “Big Cock Country” in March this year. (Without getting into detail, it is much easier to prosecute trademark infringement claims with a federally registered trademark.)

In a lawsuit filed in federal court in Sioux Falls last Friday, Peterson claims that back in 2009 M & J Distributing of Watertown began selling clothing bearing the phrase “Big Cock Country.” He alleges the apparel was sold in a number of truck stops, including those Peterson used for retailers, and that, although inferior in quality, it has damaged his business. Peterson also alleges that despite repeated requests, M & J refuses to stop using his trademark.

The lawsuit makes a variety of trademark infringement and related claims. Absent settlement, the federal court ultimately will decide who owns “Big Cock Country.” Peterson is asking not only that M & J be enjoined from using “Big Cock Country,” but, as allowed by federal trademark law, he be awarded triple the damages caused by each type of infringing product or statutory damages of $2 million for each.

And even though I know it’s a term of art in trademark law, I still had to chuckle at the allegation in the complaint about “the fame and strength” of Peterson’s Big Cock mark.

Alan Dershowitz, U.S. News & World Report, Aug. 9, 1982