Swiss Court: No Protection for 'Obscene' Trademarks

Swiss Court: No Protection for 'Obscene' Trademarks

BERN, Switzerland — A Swiss court has sided with the nation’s trademark office in a case involving an application for the brand “Mindfuck,” ruling there is no protection for “obscene” trademarks.

The Swiss Administrative Court acted on a trademark application by entrepreneur Dr. Petra Bock, who already has a mark for “Mindfuck” in Germany. Bock is the author of the “Mindfuck” line of books that discuss the phenomenon of people sabotaging themselves with destructive thoughts.

Bock’s counsel argued that it is no longer conceivable that “Mindfuck” is “intolerably” sexually offensive in modern times and asked for the court to grant Bock a trademark for the conjoined words for use in various branding opportunities, including retail goods.

But the Swiss Administrative Court, in its decision, said that “Mindfuck” stood for a “sexual offense against good morals” and left no intellectual property protection for Bock.

The court noted that each country examines the protection of a brand according to its own legislation, jurisprudence and roadmap, and that “it would not be compatible with the legal weightings of the legal system and business morality if a vulgar term for sexual intercourse were found in a public register and the commercial exploitation would be encouraged by the granting of an exclusion right.”

Industry attorney Marc Randazza of Randazza Legal Group told XBIZ he was surprised that Switzerland has decided not to protect “obscene” trademarks for commercial application.

“Switzerland's definition of ‘obscene’ is slightly different from ours,” Randazza said.  “And Switzerland doesn't have the First Amendment.

“Nevertheless, I'm somewhat surprised given the freedom of expression protections are pretty robust in Switzerland and Switzerland doesn't have the same stick up the ass feminists and Christians fucking everything up on a daily basis like we do.”   

In the U.S., a similar trademark case is on track to be decided. The Supreme Court heard arguments in January over 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.

With a ruling due ahead, U.S. justices will decide whether disparaging terms can be registered as trademarks or whether refusing registration is a violation of First Amendment rights.

The Slants’ long-running case specifically invites a challenge to the "immoral and scandalous" clause for trademarks that most affects the adult entertainment industry.

Randazza several years ago authored an amicus brief on behalf of the First Amendment Lawyers Association in The Slants case. The brief argued that subjective and arbitrary decisions about morality shouldn’t be used in determining whether a trademark should be issued.

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

HotWife XO Makes Her WIFEY Debut

HotWife Xo has made her debut for Vixen Media Group studio imprint WIFEY, alongside her husband Jack Spade and Troy Francisco.

Octavia Red Stars in Latest From Deeper

Octavia Red stars with Alex Jones and Parker Ambrose in the latest release from Vixen Media Group studio imprint Deeper, titled "Memento Mori."

Connie Perignon Stars in Latest From Brazzers

Connie Perignon stars with Peter Fox in the latest release from Brazzers, titled "Hot Hiker Humps Park Perv."

Xgen Expands Bodywand Line With 2 New Vibes

Xgen Products has added two new bullet vibrators to its Bodywand collection.

McKenzie Mae Makes Her Blacked Raw Debut

McKenzie Mae has made her debut for Vixen Media Group studio imprint Blacked Raw alongside Sly Diggler.

Womanizer Introduces 'Snap' Micro Stimulator

Womanizer has debuted its new Snap stimulator, billed as the smallest pleasure product the company has released.

Product-Specific Local Store Locator Tool 'RetailCurrent' Launches

RetailCurrent, a tool that lets pleasure brands show online customers nearby brick-and-mortar stores with confirmed availability of specific products, has officially launched.

Evil Angel Releases Latest Volume of JD's 'Transgressive'

Evil Angel has debuted the 30th volume of director JD’s “Transgressive.”

Blush Debuts 'M for Men' Male Sleeve Warmer

Blush has introduced its new M for Men sleeve warmer for male masturbators and strokers.

Orion Debuts 3 New Styles From 'Cottelli Party' Line

Orion Wholesale has expanded its Cottelli Party line with three new styles.

Show More