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

Tiffani Time Fronts Latest From Kink.com

Tiffani Time stars with Cody Arizona in the latest release from Kink.com’s “Divine Bitches” series, titled “Muscle Match Up.”

Rachael Cavalli Leads Latest From Girlsway

Rachael Cavalli stars with Charlie Forde, Summer Kline, and Coco Lovelock in the latest Girlsway release, titled “A Romantic Time for the Whole Fam.”

Kasey Kei Fronts Latest From Evil Angel

Kasey Kei stars with Marica Hase in the latest scene from the Evil Angel series “Transsexual Angel.”

Andi Avalon Leads Latest From Family Strokes

Andi Avalon stars with Joshua Lewis in the latest release from Family Strokes series “Perv Mom.”

Honey Play Box Taps Aly Kennel for Sales Rep Role

Honey Play Box has added Aly Kennel to its sales team.

Womanizer Debuts 'Beauty' Stimulator

Womanizer has debuted its new Womanizer Beauty clitoral stimulator.

Nicole Kitt Stars in 'Daggers' From Elegant Angel

Nicole Kitt stars in Elegant Angel’s new murder mystery, "Daggers."

Dorcel Drops Franck Vicomte's 'Luxure: My Wife's Nights'

Dorcel has released director Franck Vicomte’s latest title, “Luxure: My Wife's Nights.”

Cherie DeVille Featured in 'Choking Ban' Article for Wired Magazine

Multi-XMAs winner Cherie DeVille is featured in a new article in Wired Magazine, titled "A Teen Girl’s Death Is Prompting Calls to Ban Choking in Porn."

Aleksa Mink Makes Her Jules Jordan Debut

Aleksa Mink has made her debut for Jules Jordan Video alongside Lexington Steele.

Show More