Home > News > Corbin Fisher Says CFU Logo Is Phallic but Not Scandalous • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Corbin Fisher Says CFU Logo Is Phallic but Not Scandalous

Corbin Fisher Says CFU Logo Is Phallic but Not Scandalous
Get XBIZ News
XBIZ Research
Will virtual reality headsets like the Oculus Rift revolutionize adult entertainment?
Yes
  53.66%
No
  46.34%
Out of 123 votes. Results based on votes submitted by members of XBIZ.net social network.
Aug 19, 2011 12:00 PM PST    Text size: 

LAS VEGAS — Phallic imagery is hardly shocking in the U.S.

So why is an examiner at the U.S. Patent and Trademark Office blocking Corbin Fisher's attempt to trademark its Corbin Fisher University logo?

Because its circled emblem includes a tower and obelisk that is, Corbin Fisher admits, phallic in nature.

According to the Trademark Act, examiners can bar registration of "immoral" or "scandalous" marks.

Corbin Fisher is appealing the examiner's decision to reject the mark, which said, “The depiction of male genitals in connection with adult entertainment services is shocking to the sense of decency or propriety."

The examiner went on to say that "while the applicant has indicated in the drawing description that the design is of a 'tower,' the mark clearly identifies male genitalia because of the circular design at the base of the design and the shape of the design at the top. None of these elements are present in a traditional design of a tower or obelisk.”

But Corbin Fisher general counsel Marc Randazza noted in a response to the Patent and Trademark Office that all "conventional towers and obelisks are intentional derivatives of a phallus — meant to portray strength, fertility and power."

"The proposed mark is a tower and all towers are in fact phallic symbols," Randazza wrote. "The rejection, if left to stand, would operate to ban any tower-imagery for the [USPTO] Principal Register."

"The applicant should not be denied the right to protect these alpha-male characteristics just because the USPTO feels threatened by them.  After all, America is an alpha nation, and such a beta position cuts against the very fabric of the symbolism that tells the tale of the American experience."

Randazza, who included in his response brief 17 exhibits of "phallic in nature" towers, requested the examiner to rule that CFU is a "non-scandalous mark."

"In the alternative, the examiner could find that on the Internet, phallic imagery is neither scandalous nor immoral," he wrote. "Furthermore, as a fallback position, the examiner should find that phallic imagery is neither scandalous nor immoral in the context of the relevant sub-market of online adult subject matter."

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

LEGAL PERSPECTIVES

Registering Your Intellectual Property

Savvy intellectual property owners understand that effective protection and enforcement of their intellectual property requires that they register their copyrights and trademarks. Unfortunately, many of... More »

Analyze Choices When Acquiring Domains

According to the Verisign Domain Report (January 2015), the third quarter of 2014 closed with a base of 284 million domain name registrations across all top-level domains (TLDs). Verisign goes on to report... More »

Ask the Attorneys: What Lies Around the Corner in 2015?

Corey Silverstein Last year I predicted that 2014 would not be the year that the adult industry saw a conclusion to the Free Speech Coalition’s battle with the U.S. Government regarding 18 U.S.C.... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

International Lingerie Show

Mar 30 - Apr 01
Las Vegas, Nevada

Bizpowa.com's Feel Like Home

Apr 11 - Apr 11
Paris, France

Eurowebtainment

May 20 - May 23
Majorca,Spain

XBIZ Miami

Jun 01 - Jun 04
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!