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

Kasey Kei, Emma Rosie Star in Latest From Evil Angel

Kasey Kei and Emma Rosie star in the latest release from Evil Angel, directed by Joey Silvera.

Ana Foxxx Stars in Latest From Raunch

Ana Foxxx stars with former XMAs Male Performer of the Year Isiah Maxwell in the latest release from Adult Time studio brand Raunch.

Gender X Debuts Latest Volume of Jim Powers' 'Trans Honey Trap'

Gender X Films has debuted the fifth volume of director Jim Powers' "Trans Honey Trap" series.

Krystal Sparks, Sugar Milf Front Latest From Pervz

Krystal Sparks and Sugar Milf star with Arin Jones in the latest release from Pervz series PervTherapy.

Melissa Stratton, Indica Flower Front Latest From Reality Kings

Melissa Stratton and Indica Flower star with JMac in the latest release from Reality Kings, titled “Dirty Dish.”

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Eye of Love to Debut 'Kiss Chemistry' Collection From 'Matchmaker' Line at Altitude Intimates

Eye of Love will introduce the Kiss Chemistry lip gloss collection from its Matchmaker line at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

XBIZ, EroSpain Partner for 'Ibiza Experience'

XBIZ and EroSpain have teamed to co-host the Ibiza Experience, an exclusive, invitation-only gathering of the global pleasure industry’s premier brands and buyers, set for Sept. 22-25 at the five-star Ibiza Gran Hotel.

Dr. Tush to Debut 'Redefined Anal Plug Collection' at Altitude Intimates

Dr. Tush will introduce its new Redefined Anal Plug Collection at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

Show More