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

LoveStore Mexico, Our Erotic Journey Sign Distro Deal

Our Erotic Journey has signed a deal with LoveStore Mexico to carry the pleasure brand's products for distribution to Mexican retailers.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of 'Mega.nz' Pirated Content

Takedown Piracy has reported that the organization has successfully infiltrated Mega.nz folders and identified and removed thousands of instances of stolen content.

Suki Sin Leads Latest From MYLF

Suki Sin stars with Troy Francisco in the latest release from the MYLF series "MYLF Singles."

Sophia Locke, Rachael Cavalli Star in Latest From Girlsway

Reigning XMAs MILF Performer of the Year Sophia Locke stars with Rachael Cavalli in the latest release from Girlsway, titled "The Next Chapter of Our Lives."

Penny Barber Stars in Latest From Family Strokes

Penny Barber stars with Rion King and Anthony Pierce in the latest release from Family Strokes.

Motorbunny 'Buck' Appears in 3D Adult Video Game 'LoveCraft'

The 3D adult video game LoveCraft, in partnership with Motorbunny, has created a virtual version of its Motorbunny Buck vibrating saddle for use in the Steam platform game.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

Blush Debuts 'Amelia' Dual-Sided Wand

Blush has introduced Amelia, its new dual-sided wand vibrator, offering both G-spot and clitoral stimulation.

Adult Time Drops Latest Installment of 'MILF Overload'

Adult Time has released the latest installment of the Jim Powers-directed series "MILF Overload," titled "Boss Overload."

Show More