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."