Randazza Publishes Paper on Morality and Intellectual Property Rights

Randazza Publishes Paper on Morality and Intellectual Property Rights

LAS VEGAS — Industry attorney Marc Randazza recently released a paper that examines intellectual property rights and the implications of morality-based impediments to the enforcement of them and their supportability under international agreements.

The paper, published by the Nevada Law Journal, offers sections on patents and trademarks in relation to notions of morality by certain countries, including approaches in the U.S., U.K., Australia, Taiwan and the E.U.

It discusses numerous key contemporary intellectual property cases involving the trademarks The Slants, CumFiesta, FuckingMachines and Screw You, among others.

“While many national laws are enacted in order to govern national or local notions of ‘morality,’ such laws are generally limited to governing the conduct of those subject to them. However, in the case of intellectual property rights, some nations erect barriers to the protection of [those rights] on the basis of ‘morality,’” Randazza wrote.

Specific to the U.S., Randazza said in his paper that “there seems to be a strong constitutional argument against morality restrictions, and [The Slants] decision makes that clear,” he said citing the recent key appellate ruling that said the U.S. government can’t deny trademarks over offensive names.

“But, when it comes to sexual expression, the U.S.’ underlying power of prudishness should never be counted out,” he wrote. “Further, despite the constitutional mandate against government censorship, the USPTO has always been unwilling to budge from an expansive view of its duties as a moral arbiter, unless it is forcibly dislodged from its current position.

On a world level, Randazza concluded that there will always be those who seek to impose their own sense of morality upon others.

“With intellectual property rights being of such prominent international and economic importance, it is no surprise that this eternal conflict plays out in the copyright and trademark offices worldwide,” he said.

Marc Randazza’s “Freedom of Expression and Morality Based Impediments to the Enforcement of Intellectual Property Rights," can be downloaded here.

Related:  

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

Aylo, Pineapple Support Partner for Mental Health Video Series

Aylo has teamed up with Pineapple Support to create a safety video series aimed at educating performers and creators about mental health.

Ofcom Investigates FTV Sites for Possible AV Noncompliance

U.K. media regulator Ofcom is investigating First Time Videos, which operates the sites FTVGirls.com and FTVMilfs.com, for possible failure to comply with age assurance requirements under the Online Safety Act.

Stalwart Defender: Jeffrey Douglas on 30 Years Fighting for Free Expression

“If you had told me in 1995 that I would be on the FSC board for 30 years, I would have laughed out loud,” says Jeffrey Douglas.

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

ASACP Highlights Study on Parental Controls

The Association of Sites Advocating Child Protection (ASACP) is highlighting the results of a study on the underutilization of parental controls.

Show More