Home > News > Web / Tech 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
Oct 10, 2013 3:45 PM PDT    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 !

OPINIONS & VIEWS

Arguments for AI in Processing

Recently, my wife asked me for a photo I’d taken of a sunset on a beach. I’ve got over 20,000 photos in the cloud. You’ve probably got even more than I do. Photos aren’t easy to... More »

Audit Your Paysite for Better Dividends

When we think of paysites we usually think of content, design, traffic and how to make sales. Rarely do things like user experience or customer service rank high among a paysite owner’s as site operators... More »

AEBN Crunches Data to Shape Content

AEBN has been a leading video-on-demand innovator of adult video online since 1999, and during those 17 years has accumulated a massive amount of information regarding the viewing habits, buying preferences... 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

XBIZ Berlin 2016

Sep 11 - Sep 14
Berlin, Germany

International Lingerie Show

Sep 12 - Sep 14
Las Vegas, Nevada

The European Summit 2016

Sep 20 - Sep 23
Prague, Cz.

eroFame

Oct 05 - Oct 07
Hannover, Germany
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!