Home > News > Manwin Appeals Rejected Trademark Application • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Manwin Appeals Rejected Trademark Application

Manwin Appeals Rejected Trademark Application
Get XBIZ News
XBIZ Research
Will virtual reality headsets like the Oculus Rift revolutionize adult entertainment?
Yes
  51.22%
No
  48.78%
Out of 82 votes. Results based on votes submitted by members of XBIZ.net social network.
XBIZ 360 - Jan. 13-16, Los Angeles
Thursday, Oct 10, 2013    Text size: 

WASHINGTON — Manwin attorneys yesterday filed a brief with a federal appellate panel over its application to trademark its MomsBangTeens brand, which was nixed by an examiner on a single ground — that it allegedly comprises immoral or scandalous matter.

In court documents, Manwin counsel told the U.S. Patent and Trademark Office's Trial and Appeal Board that it disagrees with the examiner's finding that the word "bang" is vulgar, citing that the word on its own is harmless and that when used in an erotic context it is "non-offensive."   

"Moreover, with response to the examining attorney’s conclusion that as a whole 'the applied-for mark describes in vulgar fashion the act of older women having intercourse with younger persons between the ages of 13 and 19,' appellant submits that the public does not deem sexual intercourse engaged in by older women to be vulgar," Manwin counsel argued.

Manwin attorneys continued by saying that "bang" is frequently used in mainstream media, including the TV and movie titles "Big Bang Theory" and "Chitty Chitty Bang Bang"; the Ricky Martin hit "She Bangs"; and the Marc Jacobs cologne called "Bang," among other examples.

" These examples evidence that 'bang,' even if used to reference or suggest sexual intercourse, does not offend or shock general consumers in the U.S. in the year 2013," Manwin lawyers said.

Even if the MomsBangsTeens were considered immoral or scandalous by some people in the public at large, Manwin counsel said, the Trademark Office’s determination should only be made in the context of the adult entertainment marketplace.

"The relevant marketplace, limited by the description of services, is essentially the red light district of the Internet," they said. "Those consumers of would not find MomsBangsTeens to be immoral or scandalous. Rather, in this marketplace, the word 'bang' is tame, as is the concept of sexual activity occurring between older women and younger, 18- or 19-year-old, men."

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

Law of Sex: Fighting Private Censorship

Government censorship in the Internet age has been a consistent focal point for free speech advocates. Recent examples of censorship by the American government can be egregious, including the curtailment... More »

Legal Reality: Sound Music Deals

Music is a big part of just about every kind of entertainment. It is, for example, an integral component of most motion picture productions from mega-budget movies to micro-budget indie films. Even a relatively... More »

Best Practices for the Live Webcam Space

As the live webcam business continues to surge in popularity, more attention will be focused on operators and performers by law enforcement and other government agencies. The best time to consider operational... 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.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

Dutch Webmaster Meeting

Dec 13 - Dec 13
Amsterdam, Holland

ANME Show

Jan 12 - Jan 13
Burbank, California

XBIZ 360

Jan 13 - Jan 16
Los Angeles, CA

XBIZ Awards

Jan 15 - Jan 15
Los Angeles, CA
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!