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

Kayden Kross Explores the Divine Side of Desire in 'Equilibrium'

For as long as humans have told stories, goddesses have embodied our fascination with desire, temptation and pleasure. Kayden Kross taps into that ancient fascination in "Equilibrium," her five-part fantasy feature for Deeper, where desire exists on two planes. On the surface, pleasure collides with duty, appearances and expectations. But beneath it lies an underworld of the psyche, where desire takes physical form and characters confront the parts of themselves they would rather keep buried.

'Heaven & Hell' Industry Bash Set for Oct. 30 in Hollywood

The annual Heaven & Hell adult industry Halloween party will take place Friday, Oct. 30, at Jungle in Hollywood.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Full Circle Brands Releases 'My Baby' Bullets in Metallic Shades

Full Circle Brands has expanded its My Baby bullet vibrator collection with two metallic editions in Rainbow and Sky Blue.

VMG Debuts New Series 'WIFEY Vacay'

Vixen Media Group studio imprint WIFEY has premiered its international series "WIFEY Vacay."

Lilly Bell, Gypsy Rose Lead Latest From Digital Playground

XMA winner Lilly Bell stars with Gypsy Rose and Logan Xander in the latest release from Digital Playground, titled "The Hostages."

Juliana Marie, Hope Fontaine Star in Latest From TeamSkeet

Juliana Marie and Hope Fontaine star with Peter King in the latest installment of the TeamSkeet series "Brat Tamer."

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

Show More