The U.S. trademark register is full of shit (or at least a few turds)

The U.S. Patent and Trademark Office has been refusing plenty of applications for marks containing curse words on the dubious ground that they are too commonplace to serve as trademarks. Ever. As I explained in my last post, these applications include SHUT THE FUCK UP legal services, KEEP FUCKING GOING jewelry, and YOU’RE AWESOME KEEP THAT SHIT UP dinnerware and oven mitts.

After that shocking exposé, we’ve earned a sweary tour through those scandalous marks that have made it onto the federal register. Applying to register these before the Supreme Court eliminated the ban in 2019 would have been a complete waste of time and money. But they have now officially penetrated the federal database. I’m not including the multiple asterisked-for-your-protection marks now on the register, though those too wouldn’t have made it through during the heyday of the scandalousness ban.

Let’s start with the shitstorm. Continue reading

Go ahead and register your scandalous trademark . . . but the Supreme Court will judge your choices

You’re in luck if you sell FUCK ME formalwear, own the NO SHIT diner, or produce HEY ASSHOLE pepper spray. You’ll soon be able to head over to the website of the United States Patent and Trademark Office (USPTO) and register those trademarks. Because the U.S. Supreme Court has just ruled in the Brunetti case that the statutory bars on registering “scandalous” and “immoral” trademarks are unconstitutional.

But you better move quickly . . . A passel of the Justices is not pleased with this outcome. (The moral panic during the oral argument was sort of a red flag.) Continue reading

Sweary semantics in The Royal Tenenbaums

Wes Anderson’s 2001 film The Royal Tenenbaums features a short exchange that’s interesting for its taboo-linguistic detail. It takes place between Royal himself, played by Gene Hackman, and Henry, played by Danny Glover.

If you haven’t seen the film, but you might sometime (do, dammit), don’t worry about spoilers – the images below don’t give much away. And you don’t need to know the characters’ backstory, so let’s jump right in:

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“Trust me, I’m an asshole”

You’ve invented a new kind of bidet for the American market: an inexpensive, easy-to-install attachment that replaces toilet paper with a water stream. You’ve given your invention a cheeky name: Tushy.

Now you need a mascot to give your product a face. Naturally, you choose … an asshole. And you give it a starring role in a nearly three-minute-long advertorial.

“But like literally: Poop comes out of me.”

Sort of a manic pixie dream asshole, actually, with a potty mouth that cheerfully emits English swears and English-inflected Yiddish scatology along with a generous dose of social shaming.

Continue reading