U.S. Supreme Court: Offensive Trademark Ban Is Unconstitutional

U.S. Supreme Court: Offensive Trademark Ban Is Unconstitutional

WASHINGTON — In a decision of particular interest to adult entertainment and sex toy and novelty brand holders, the U.S. Supreme Court ruled Monday that federal trademarks can be registered in most cases even if they are considered derogatory.

The decision, 8-0, was a victory for The Slants, an Asian American rock band from Portland, Ore, which applied to trademark its name despite the federal government’s objection that it is an "offensive" term.

The ruling also is a huge win for companies in the adult entertainment and sex toy and novelty industries that might use rough-and-tumble jargon to describe their erotic products and services, as well.

Writing for the court, Justice Samuel Alito said that the law's "disparagement clause" violates the free speech clause of the First Amendment. 

"The commercial market is well stocked with merchandise that disparages prominent figures and groups, and the line between commercial and non-commercial speech is not always clear, as this case illustrates. If affixing the commercial label permits the suppression of any speech that may lead to political or social 'volatility,' free speech would be endangered," Alito wrote.

Industry attorney Marc Randazza, who authored an amicus brief in The Slants case in 2015 on behalf of the First Amendment Lawyers Association, told XBIZ this morning that the ruling “is a great victory for freedom of expression over the dark forces of politically correct censorship.”

“This is great for the adult industry — since many of our trademarks tend to be rejected under Section 2(a),” Randazza said. “This decision only deals with the ‘disparaging’ portion of the censorship act, but the underpinnings of the ‘immoral and scandalous’ trademark prohibition are completely destroyed by this decision.”

Randazza said that his law firm, Randazza Legal Group, has spent years “fighting against this censorship regime.”

He noted that he foreshadowed today’s decision in his law review article, “Freedom of Expression and Morality Based Impediments to the Enforcement of Intellectual Property rights.”   

“We devoted many hours to briefing this, pro bono, from the lowest levels to this case itself,” he said. “We are very happy to see that the court unanimously agreed that free speech means more than political correctness.”

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

Elegant Angel Releases All-Star Orgy From '2026 Performers of the Year'

Elegant Angel has released an all-star orgy from the 2026 edition of its annual series "Performers of the Year."

Anissa Kate Reflects on 15 Years in the Spotlight and a New Life in L.A.

Anissa Kate has made some unique memories over the course of her 15-year career in the adult industry. She fondly remembers shooting under the starry skies of the Nevada desert, and spending the night in the middle of nowhere because the shoot was scheduled to resume early in the morning to catch the sunrise.

McKenzie Mae Headlines 1st Volume of Dorian Del Isla's 'Anal Teachings'

McKenzie May toplines the first volume of director Dorian Del Isla's latest title, "Anal Teachings," from Evil Angel.

Leilani Li Stars in Latest From TransAngels

Leilani Li stars with Cali Sweets in the latest release from TransAngels, titled "Sorry I Fucked Your Sister."

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Sarah Arabic Stars in Latest From Pure Taboo

Sarah Arabic stars with Joey Avalon in the latest release from Pure Taboo, titled "Every Two Hours."Directed by multi-XMAs winner Bree Mills, Arabic and Avalon play a struggling couple trying to repair their relationship.

Clara Mia Toplines Sequel to 'Fetish' From Dorcel

Clara Mia headlines the latest feature from Dorcel, "Fetish Vol. 2."

Carter James Makes Her WIFEY Debut

Carter James has made her debut for Vixen Media Group studio imprint WIFEY, alongside her husband Tyler and Chocolate God.

Reptyle to Release Crossover Series 'Cougars for Cubs'

Reptyle will debut its new limited series, "Cougars for Cubs," on its studio imprints Family Strokes and MYLF.

Grooby Drops 3rd Volume of 'Domino Presley's House of Whores'

Grooby has released its latest title, the third volume of "Domino Presley's House of Whores," titled "Extraterrestrial Transsexual."

Show More