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

Full Circle Expands 'Be Savage' Line

Full Circle Distribution has introduced 30 new styles from its Be Savage line of lingerie.

Sportsheets to Debut 'Signature' Collection at ANME

Sportsheets will introduce its new Signature collection at the ANME trade show in Burbank next month.

Alina Lopez Performs 1st Anal in Her Tushy Debut

Alina Lopez has performed her first anal scene in her debut for Vixen Media Group studio imprint Tushy, alongside Milan Ponjevic.

JO Debuts 'Bake Shoppe' Lube Collection

JO has introduced its Bake Shoppe Collection of flavored lubricants.

Lilith Grace Makes Her Blacked Raw Debut

Lilith Grace has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Ashley Lane and Jason Luv.

Dollmora Wellness Now Offering OEJ's Cristal, Zodiac Collections

Dollmora Wellness has partnered with Our Erotic Journey (OEJ), adding the Zodiac and Cristal Collections to its curated catalog of pleasure products.

Jennifer White, Octavia Red & Jewelz Blu Star in 'Red, White & Blu' Sequel From Elegant Angel

Reigning XMAs Female Performer of the Year Jennifer White stars with Octavia Red and Jewelz Blu in the sequel to Elegant Angel’s Fourth of July-themed featurette "Red, White & Blu."

Desiree Dulce Is Hustler's 'Cover Honey' for July

Desiree Dulce is the Cover Honey for the July issue of Hustler Magazine and appears in a 14-page centerfold spread shot by ThisYearsModel.com.

Bobbii Rose, Jake Switch Front New Release from Grooby

Bobbii Rose and Jake Switch star in the latest release from Grooby Girls, titled “The Aphrodisiac Plan.”

Aneros Debuts 'Soaker' Cleaning Accessory

Aneros has introduced its new Soaker accessory for cleaning prostate massagers.

Show More