U.S. Justices to Hear Case on Objectionable Trademarks

U.S. Justices to Hear Case on Objectionable Trademarks

LAS VEGAS — Industry attorney Marc Randazza says the adult entertainment biz should closely follow a trademark protection case that will be argued before U.S. Supreme Court justices.

Today, the high court agreed to decide whether The Slants, an Asian American rock band from Portland, Ore, can trademark its name despite the federal government’s objection that it is an offensive term.

The Slants case came to the high court’s attention after the band applied for a trademark for the band’s name and was rejected after an examining attorney at the U.S. Patent and Trademark Office found the mark "The Slants" disparaging and declined to register it.

But last December the Federal Circuit ruled favorably for The Slants, holding that the U.S. government can’t deny trademarks over offensive names.

The ruling was hailed as a big victory for not just The Slants, but for companies in the adult entertainment business that might use rough-and-tumble jargon to describe their products and services.

The decision invited a challenge to the “immoral and scandalous” clause for trademarks that most affects the adult entertainment industry.

“It isn’t just about the band, nor is it just about offensive trademarks,” Randazza told XBIZ. “This case is about whether a subjective and really arbitrary decision about ‘morality’ should be used in order to deprive a citizen of a governmental benefit, which is given out to others who might not be deemed ‘inoffensive.’”

Randazza said that in a free society, the government should not be the “morality police.” For too long, the USPTO has disagreed, he said.

Randazza of Randazza Legal Group last year authored an amicus brief on behalf of the First Amendment Lawyers Association over The Slants case.

"The implications of this case could be a lot more far-reaching," Randazza said. “For example, if Congress can enact a statute giving some administrative bureaucrat the power to determine that something is ‘immoral’ and thus not worthy of intellectual property protection, what is to stop Congress from amending the Copyright Act the same way?”  

“If it did that, potentially, all American-made pornography would be incapable of protection in U.S. courts. However, given the international agreements we have signed, all foreign-made porn would be protectable.  

“This is what happened in Taiwan — as their local copyright law prohibits giving copyright protection to porn, but a Japanese porn producer had the right to enforce its copyrights in Taiwan. Our international agreements permit signatory nations to discriminate against their own citizens, but not foreign citizens.”  

Randazza, who wrote a paper on the matter earlier this year, said that with an eight-member court, if the decision is split 4-4, then the decision would stand.  

“I am really up in the air about how this will turn out. However, I am delighted that this is getting to the Supreme Court before the Redskins case,” he said. “The optics of this case are a lot better than that one."  

The Slants case likely will determine whether the NFL's Washington Redskins will lose its trademark. Native Americans sued the team, holding that the name Redskins is offensive and disparaging, and the government office agreed its trademark status should be withdrawn on a provision of the 1946 Lanham Act that prevents the registration of marks that may disparage certain people.

The Redskins filed a writ for the high court to hear that case, as well.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

BiPhoria Debuts New Series 'Caught Bi'

BiPhoria has debuted its new series, "Caught Bi."

Ella Hughes, Nata Gold Star in Hentaied Pro's 1st Interactive Release

Ella Hughes and Nata Gold star in Hentaied Pro’s first interactive release, titled "Endless Echoes."

Lauren Phillips Leads Latest From MILFY

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Parker Ambrose and Dwayne Foxxx in a new DP scene from Vixen Media Group (VMG) studio imprint MILFY.

Maria May Makes Her MYLF Debut

Maria May has made her MYLF debut alongside Lola Aiko and Juan Largo in the studio’s latest release, titled "Only Straight-A Students Get Dommed by Mommy."

Pineapple Support Relaunches Site

Pineapple Support has updated and relaunched its website.

Full Circle Expands 'Dream Doll' Line, Adds Functional Mouths

Full Circle has introduced eight new models with functional mouths from its Dream Doll collection.

Starship Opens New Store in Augusta, Ga.

Starship Adult Stores is opening its new brick-and-mortar location in Augusta.

Besharam's Raj Armani Featured on Front Page of Financial Express

Besharam and its co-founder and COO Raj Armani are featured on the front page and in an interview for the prominent Indian newspaper Financial Express.

Juniper Ren Toplines Bryan Gozzling's 'Hookup Hotshot: Internet Sex Addicts Volume 6'

Juniper Ren headlines director Bryan Gozzling’s “Hookup Hotshot: Internet Sex Addicts Volume 6” from Evil Angel.

Brittany Andrews Stars in Latest From Pervz

Brittany Andrews stars with Mike Ox in a new scene from Pervz series PervPrincipal, titled “MILF Principal Makes a Dirty Deal with a Student.”

Show More