Lampoontang Appeals Trademark Rejection

WASHINGTON — Adult production company Lampoontang on Tuesday filed an appeal with the U.S. Patent and Trademark Office after an examiner rejected its application to trademark its name.

Lampoontang, which bills itself as "the world's only porn company devoted entirely to social, political and religious satire," has tapped adult industry attorney Marc Randazza to litigate a reversal.

The company contends a USPTO examiner arbitrarily rejected its application because of the term "poontang."

"After sifting through the elements of the mark, the examiner decided that a portion of the letters in the mark made up a term that he thinks is degrading to women as a class," the appeal says. "Based on the evidence supplied to the examiner — which he apparently ignored — his finding of disparagement is erroneous."

Lampoontang President Doug Diamond said he is disappointed by the actions of the USPTO, but that his "company has a role to play in fighting this kind of bias."

“We had hoped that the end of the Bush administration marked the end of social conservatism and superstitious beliefs taking priority over a rigorous application of the law, legal precedent and the free speech rights guaranteed by the Constitution,” Diamond said. “Sadly, bureaucracy moves slowly, forcing us to fight the battles of the past over and over again to protect our freedoms from those who would abridge them.”

Randazza, whose law offices have composed the appeal, said he the fight is worth it on constitutional grounds, because he believes Section 2(a) of the Trademark Act is unconstitutional. The law allows examiners to reject trademarks if they deem them "immoral, deceptive, or scandalous matter."

"I further believe that it has been used by examiners with personal agendas in order to discriminate against adult entertainment companies," Randazza said. "I am proud that Lampoontang has given us the authority to vindicate its rights in this case.”

Diane Duke, the Free Speech Coalition's executive director, said the application's rejection "is another example of our government having different standards for expression they don’t like."

"More often than not adult businesses like Lampoontang have to pay the price to fight for free expression," she told XBIZ. "Our appreciation and support go out to Doug Diamond and Marc Randazza. Gentlemen you are fighting this battle for all of us who believe in the right of free expression. Thank you."

Lampoontang operates a website where it markets videos, including its most recent, "Saddleback Nation," which mocks exploits of Christian teens having anal sex to preserve their technical virginity for marriage. The company's next movie will be "Burqakke: Vixens Under the Veil."

Related:  

Copyright © 2024 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

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Bella Rolland Toplines 'The Sex Impulse' From Sweet Sinner

Bella Rolland headlines "The Sex Impulse," the latest release from Mile High Media studio brand Sweet Sinner.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Willow Ryder, Angelina Diamanti Topline 'Lesbian Neighbor Affairs'

Willow Ryder and Angelina Diamanti headline "Lesbian Neighbor Affairs," from Girlfriends Films.

Show More