U.S. Justices to Hear 'Offensive' Mark Case on Jan. 18

U.S. Justices to Hear 'Offensive' Mark Case on Jan. 18

WASHINGTON — The U.S. Supreme Court has slated oral arguments for Wednesday, Jan. 18., in a trademark case that should be of particular interest to adult business operators.

The high court earlier this year agreed to decide whether The Slants, an Asian American rock band from Portland, Ore, can trademark its name despite the federal government’s objection that it is an "offensive" term.

An appellate decision by U.S. Court of Appeals for the Federal Circuit last year that ruled against the U.S Patent and Trademark Office in the case was not just a win for The Slants but for companies in the adult entertainment industry that might use rough-and-tumble jargon to describe their erotic products and services, as well.

U.S. justices now will provide guidance on whether disparaging terms can be registered as trademarks or whether refusing registration is a violation of First Amendment rights.

The decision for justices to hear the case invites a challenge to the "immoral and scandalous" clause for trademarks that most affects the adult entertainment industry, industry attorney Marc Randazza of Randazza Legal Group told XBIZ in September. Randazza last year authored an amicus brief in The Slants case on behalf of the First Amendment Lawyers Association.  

On Monday, The Slants tweeted: “We officially got the date: The Supreme Court will be hearing our case on Jan 18.” The band offered a Twitter link to fundraising site Generosity, where the group has set up a page to raise $10,000 for its legal case.

Related:  

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

Octavia Red Makes Her Digital Playground Debut in Ricky Greenwood Western 'The Drifter'

Reigning XMAs Girl/Girl Performer of the Year Octavia Red has made her Digital Playground debut alongside Alex Jones in the first installment of the new Ricky Greenwood western feature "The Drifter."

Melissa Stratton Headlines Jonni Darkko's 'Cum on My Face 3'

Melissa Stratton toplines multi-XMAs-winning director Jonni Darkko's “Cum On My Face 3,” from Evil Angel.

Lucy Mochi, Girthmasterr Star in Latest From Brazzers

Lucy Mochi stars with Brazzers exclusive Girthmasterr in the studio's latest release, "Too Many Rooms, Not Enough Cum."

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Ava Holt Stars in Latest From TGirls.xxx

Ava Holt stars with Chris Epic in the latest release from Grooby paysite TGirls.xxx, titled "Happy Wife, Happy Life."

Je Joue to Debut Expanded 'ILY' Collection at EroSpain

Je Joue will introduce several new products from its ILY collection at the EroSpain trade show next month in Barcelona.

XBIZ Miami's Host Hotel Sold Out; Additional Hotel Added

Guest rooms at XBIZ Miami’s exclusive conference venue, Goodtime Hotel in South Beach, are now completely sold out.

Brooke Tilli, Mick Blue Star in Latest From Brazzers

Brooke Tilli stars with multi-XMAs winner Mick Blue in the latest release from Brazzers, titled "En Pointe Pounding."

Reptyle to Debut Cross-Site Release 'Polar Opposites'

Reptyle will premiere its latest cross-site release, "Polar Opposites," across all six of its imprints starting Saturday.

Show More