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

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ from their supervision of financial institutions.

Kasey Kei Stars in Latest From GenderX

Kasey Kei stars with Jade Radd and Sage Roux in the fourth installment from the new GenderX title, "Trans Honey Trap #5."

Brittney Kade, Jessica Ryan Front New Transfixed Release

Brittney Kade and Jessica Ryan star with and Sage Roux in the latest release from Transfixed, titled "Menage a Trans #10."

Andi Avalon, Koda Monroe Lead New Threesome From Brazzers

Andi Avalon and Koda Monroe star with Victor Ray in the latest release from Brazzers, titled "MILF Meter Blast-Off.”

Yhivi Stars in Latest From Brazzers

Yhivi stars with Brazzers exclusive Girthmasterr in the studio's latest release, titled "Wild Nights."

Milena Ray Leads Dorcel's 'PL4Y #3'

Milena Ray headlines the latest release from Dorcel, titled “PL4Y #3.”

Ivy Ireland Toplines Vince Karter's 'Karter Kreation 2'

Ivy Ireland headlines reigning and three-time XMAs Male Performer of the Year Vince Karter’s latest Evil Angel directorial, “Karter Kreation 2.”

Leana Lovings Returns to Hentaied

Leana Lovings stars in the latest Hentaied scene, titled “Containment Breach.”

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

Show More