This post set out to be a fun romp through the naughty marks in the U.S. federal trademark register. Don’t worry, that post is still forthcoming . . . but in the meantime I’ve learned about a distressing trend that’s stopping lots of sweary marks from attaining federal registration.
Despite having been instructed by the Supreme Court that it can no longer refuse trademark applications on the ground that the contents are “scandalous,” the U.S. Patent and Trademark Office (USPTO) won’t commit wholeheartedly. It’s relying on a shaky rationale to justify rejecting a variety of recently-filed FUCK- and SHIT-formative marks, like GOOD SHIT, APESHIT and YOU FUCKING GOT THIS. Continue reading →
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.
Last week, in response to the passage of draconian anti-abortion laws in several U.S. states, a Los Angeles–based makeup company announced that for four days it would be donating 100 percent of its revenue to organizations that support reproductive rights. The company, which was founded in the aftermath of the 2016 presidential election “by a group of jaded romantics,” is no stranger to controversy. The provocation begins with the company name: Lipslut.
Pictured: Lipslut’s “F*ck Trump” shade. The company also sells “F*ck Kavanaugh” (named for the newest U.S. Supreme Court Justice, Brett “I Like Beer” Kavanaugh), “F*ck Hollywood,” “Notorious R.B.G.” (a tribute to Supreme Court Justice Ruth Bader Ginsburg), and a dark purple shade called — deep breath — “Leftylibglobalistsantifacommiesocialisthollyweirdopigs,” which takes its name from an internet troll’s insult.
Lipslut joins an increasing number of mainstream brand names, titles, and idioms that deploy the S-word. As of this writing there are 54 registered or pending SLUT trademarks in the U.S. Patent and Trademark Office database; while a few are put to risqué use (SLUTNATION.XXX), many are family friendly. Which means that slut—a wanton word throughout its history—may be shape-shifting yet again.
Oral argument at the U.S. Supreme Court yesterday in Iancu v. Brunetti centered on the word FUCT. Well, sort of. As one of the lawyers fussily put it, it centered on “the equivalent of the past participle form of the paradigmatic profane word in our culture.” Right. FUCT.
The case is all about offensive, shocking and profane language. Yet the Justices and the parties’ attorneys pussyfooted around for an hour, steering the argument clear of anything even remotely R-rated. The attitude that there are several words so offensive they cannot be spoken aloud dominated the hearing. It may well dominate the Court’s eventual opinion.
Here’s the backdrop for all of that tiptoeing around those unspeakably naughty words.