Kink.com Appeals URL Deemed 'Obscene'

SAN FRANCISCO — Fetish content provider Kink.com has filed an appeal with the U.S. Patent and Trademark Office after being denied a brand for FuckingMachines.com, deemed obscene according to Section 2(a) of the federal trademark code.

FuckingMachines.com, a site whose URL accurately describes its content, launched in 2000, and Kink.com owner Peter Acworth first applied for a trademark with the government five years later. But because the patent office's trademark code deems "fuck" to be immoral and scandalous, Acworth's request was denied.

It is up to the federal government to define what words are immoral and what words are acceptable — "immoral" and "scandalous" are not defined by the code. The Orlando Weekly reports that 39 trademark petitions including the words "fuck" and "fucking" have been filed with the patent office, and none have been approved. "Bitch" and "ass" are allowed.

Michael Engel, the attorney who reviewed the case for the government, said that the word "fucking" is "an offensive and vulgar reference to the act of sex," and is a mark that is deemed scandalous. Therefore, he said, it cannot be registered.

Acworth's attorney, Marc Randazza, believes the rejection is unconstitutional, and that "the trademark office has gone off the deep end" with these sorts of trademark refusals.

Adult industry lawyer Robert Apgood told XBIZ he agrees with Randazza, and that he's noticed an excessive number of trademark requests rejected for containing "scandalous" material.

"It's really quite unfortunate that the executive branch is now reaching deep into the machinations of government to further its 'legislation of morality' agenda," Apgood said. "It is truly encouraging to see the likes of Acworth and Randazza take up this sorely needed fight."

Acworth said he doesn't want to become the spokesman for 1st Amendment rights in the adult industry; he merely wants to trademark his website titles. He was previously denied a trademark for Kink's WhippedAss.com, but the decision was overturned.

Acworth said in the meantime, the term FuckingMachines has been stolen — when he attempted to buy FuckingMachines.eu, he found it had already been purchased by an outside party. Instead of bringing the issue to court, however, Acworth simply bought the domain back.

Randazza said the trademark code, which was written in 1905 and has yet to be updated, is out-of-date with contemporary society. The words considered immoral at the time are now used frequently in mainstream speech and titles, he said, citing usage in movies, TV shows and even in common terminology.

“Fuck [can] play a role as a figurative term, for example, ‘to fuck’ can also mean ‘to deceive,’ Randazza wrote in his appeal. "It is a word of force that can assist us in our expressions of joy when used as an infix, as in ‘abso-fucking-lutely.' ‘Fuck’ helps us express rage when we scream ‘fuck you’ at a football referee, or at a motorist who has just cut us off in traffic. ‘Fuck’ is an old friend, who can always make us laugh.”

Randazza and Acworth now await a hearing before the Trademark Trial and Appeal Board.

Copyright © 2025 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

Canadian Senator Revives Push for National AV Law

Sen. Julie Miville-Dechêne, whose previous multiple attempts to legislate national age verification requirements all failed, has introduced a new bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

FSC Submits Statement to House Committee in Support of FIRM Act

Free Speech Coalition has announced that it submitted a statement to the House Financial Services Committee in support of the Financial Integrity and Regulation Management (FIRM) Act.The announcement follows:

Plaiir Joins Pineapple Support as Supporter-Level Sponsor

Plaiir has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Trump Tariffs Remain in Effect Pending Appeal of Trade Court Ruling

The U.S. Court of Appeals for the Federal Circuit on Thursday stayed an injunction by the U.S. Court of International Trade, delaying the trade court’s order blocking the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry.

FSC Issues Guidance on Kansas Age Verification Suits

The Free Speech Coalition (FSC) has published an advisory article for adult websites operating in Kansas, following several private lawsuits filed under the state's age verification law.

Reese Rideout Relaunches Site Through YourPaysitePartner

Newly crowned XMA Creator Awards Male Clip Artist of the Year Reese Rideout has relaunched his website DrRideout.com through YourPaysitePartner (YPP).

Pineapple Support, SextPanther to Host 'Holistic PTSD' Support Group

Pineapple Support and SextPanther are hosting a free online support group for performers suffering from PTSD.

Fanblast Taps Nicholas H. for VP of Sales

Nicholas H. has joined Fanblast as its new vice president of sales.

Aylo, Old Pros Launch 'Sex Work and Human Trafficking' Online Panel Series

Aylo has teamed up with sex worker support organization Old Pros to launch “Sex Work and Human Trafficking,” an online community panel series aimed at educating performers and creators on preventing trafficking and exploitation, which takes place at 6 p.m. (EDT) on Thursday, May 29.

EU Investigating 4 Adult Sites for 'Suspected Breaches' of DSA

The European Commission has initiated formal proceedings against Pornhub, Stripchat, XNXX and XVideos for “suspected breaches” of the Digital Services Act (DSA), the Commission announced in a statement Monday.

Show More