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

Orion Debuts 4 New Styles From 'Noir Handmade' Line

Orion Wholesale has introduced four new burgundy-colored styles from its Noir Handmade collection.

Dame Launches Crowdfunding Campaign for 'Hup' Vibrating Pillow

Dame has launched a crowdfunding campaign for Hup, its rideable, vibrating pillow, on Kickstarter.

Ariel Demure, Maisey Monroe Star in 4th Installment of 'Ripped for Their Pleasure' From Gender X

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Maisey Monroe in the fourth installment of "Ripped for Their Pleasure," the latest title from Gender X Films.

Delilah Raige Makes Her Brazzers Debut

Delilah Raige has made her debut for Brazzers alongside Ricky Johnson in "Raige Hits The Stage."

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Bellesa to Drop New Installments of 'Euro House'

Bellesa will release new episodes of its series "Euro House" after a three-year hiatus.

Male Power Debuts 'Peacocking' Collection

Male Power has introduced its new Peacocking collection of men's underwear.

A Look at the Trends Shaping Male Pleasure and Wellness

The male pleasure category was once defined by familiar products: non-powered sleeves and strokers, manual penis pumps, rings and a relatively small selection of prostate toys. Today, manufacturers draw inspiration from consumer electronics, sexual wellness, gaming, streaming content and app-driven interaction, while still relying on one of the category's oldest staples: the basic stroker.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Show More