Orlando Weekly published an article today chronicling Kink.com's attempts to secure registration of several of its trademarks, such as fuckingmachines and whippedass. Trademark registration is a standard practice for any business that wants to protect its interests. However, Kink.com and others who have attempted to register trademarks that contain a "dirty word" have been told by the United States Patent and Trademark Office ("USPTO") that "Registration is refused because the proposed mark consists of or comprises immoral or scandalous matter." Kink.com is appealing the board's rejections, claiming that they are unconstitutional and unsupported by the evidence provided by the government. Kink is determined to prove to the Courts and Trademark Office that while "fuck" might raise an eyebrow in polite conversation, in modern times, "fuck" does not rise to the level of "scandalousness" claimed by the USPTO.

Additionally, Kink has argued through its attorney, Marc J. Randazza, that trademarks are commercial speech - and commercial speech is subject to First Amendment protection. Under the First Amendment, the USPTO should not be able to deny a benefit that is available to other businesses, solely based upon one person's determination that it is "immoral." If the First Amendment means anything, it means that the government should remain neutral in matters of free expression and morality. This is as much a case about the First Amendment rights of adult businesses as it is about a mere commercial benefit like a trademark.

Kink.com's appeal of the USPTO's rejection of the mark for fuckingmachines is available here.

Comments (4) | Posted: June 6, 2007