Kink.com Appeals URL Deemed 'Obscene'

SAN FRANCISCO — Fetish content provider Kink.com has filed an appeal with the U.S. Patent and Trademark Office after being denied a brand for FuckingMachines.com, deemed obscene according to Section 2(a) of the federal trademark code.

FuckingMachines.com, a site whose URL accurately describes its content, launched in 2000, and Kink.com owner Peter Acworth first applied for a trademark with the government five years later. But because the patent office's trademark code deems "fuck" to be immoral and scandalous, Acworth's request was denied.

It is up to the federal government to define what words are immoral and what words are acceptable — "immoral" and "scandalous" are not defined by the code. The Orlando Weekly reports that 39 trademark petitions including the words "fuck" and "fucking" have been filed with the patent office, and none have been approved. "Bitch" and "ass" are allowed.

Michael Engel, the attorney who reviewed the case for the government, said that the word "fucking" is "an offensive and vulgar reference to the act of sex," and is a mark that is deemed scandalous. Therefore, he said, it cannot be registered.

Acworth's attorney, Marc Randazza, believes the rejection is unconstitutional, and that "the trademark office has gone off the deep end" with these sorts of trademark refusals.

Adult industry lawyer Robert Apgood told XBIZ he agrees with Randazza, and that he's noticed an excessive number of trademark requests rejected for containing "scandalous" material.

"It's really quite unfortunate that the executive branch is now reaching deep into the machinations of government to further its 'legislation of morality' agenda," Apgood said. "It is truly encouraging to see the likes of Acworth and Randazza take up this sorely needed fight."

Acworth said he doesn't want to become the spokesman for 1st Amendment rights in the adult industry; he merely wants to trademark his website titles. He was previously denied a trademark for Kink's WhippedAss.com, but the decision was overturned.

Acworth said in the meantime, the term FuckingMachines has been stolen — when he attempted to buy FuckingMachines.eu, he found it had already been purchased by an outside party. Instead of bringing the issue to court, however, Acworth simply bought the domain back.

Randazza said the trademark code, which was written in 1905 and has yet to be updated, is out-of-date with contemporary society. The words considered immoral at the time are now used frequently in mainstream speech and titles, he said, citing usage in movies, TV shows and even in common terminology.

“Fuck [can] play a role as a figurative term, for example, ‘to fuck’ can also mean ‘to deceive,’ Randazza wrote in his appeal. "It is a word of force that can assist us in our expressions of joy when used as an infix, as in ‘abso-fucking-lutely.' ‘Fuck’ helps us express rage when we scream ‘fuck you’ at a football referee, or at a motorist who has just cut us off in traffic. ‘Fuck’ is an old friend, who can always make us laugh.”

Randazza and Acworth now await a hearing before the Trademark Trial and Appeal Board.

Copyright © 2025 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

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Two Texas Bills Restricting Sex Toy Sales Fail to Pass

Two bills aimed at restricting sales of sex toys have failed to pass the Texas state legislature during its 2025 session.

NYC Adult Stores Petition for Rehearing in Zoning Law Case

A group of adult businesses on Tuesday petitioned the U.S. Court of Appeals for the 2nd Circuit to rehear a case involving a zoning law that could severely limit adult stores’ operations in New York City.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Show More