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Randazza said the trademark code, which was written in 1905 and has yet to be updated, is out-of-date with contemporary society.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 © 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

X3 Amsterdam Imports Hollywood Glitz With Continental Style

A throng of fans from across Europe and around the globe descended on the Passenger Terminal building on Friday, eager to meet their favorite adult stars at the inaugural X3 Amsterdam fan expo.

California, Florida Reps File Latest Bill to Repeal Section 230

Two members of Congress on Thursday introduced new legislation to repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Admaze Introduces Flat-Rate Media Buying for Publishers, Advertisers

Adult ad network and agency Admaze has introduced a flat-rate media buying model for publishers and advertisers.

Centro Launches Lifetime Revenue Share Affiliate Program 'CentroPulse'

Centro has launched CentroPulse, its new lifetime revenue share affiliate program for performance marketers, adult traffic affiliates, established webmasters, and sub-affiliate network operators.

Fanstage Launches Telegram Sales Solution

Fanstage has launched its new platform, allowing creators to sell PPV content directly from their Telegram DMs.

Second Bill Proposed to Shield US Sites From 'Foreign Censorship'

For the second time in recent weeks, a Republican congressman has introduced legislation to bar U.S. courts from helping to enforce foreign laws restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

SextPanther Launches in EU, UK

SextPanther has expanded its territory to include the U.K. and E.U.

Segpay Expands to Australia, Names Sam O'Connell Managing Director

Segpay has expanded its territory to include Australia and named Sam O’Connell as managing director of its Australian operation.

Ondato Joins ASACP as Corporate Sponsor

Age and identity verification company Ondato has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

2026 XBIZ Amsterdam Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Amsterdam, set to take place Sept. 10-13 at Passenger Terminal Amsterdam.

Show More