Douchebags and Schiit: How do they get away with it?

When Nancy Friedman, who writes about sweary brand names for Strong Language, discovered a California audio-equipment company called Schiit and a Norwegian travel-bag company called Douchebags, she couldn’t keep the story to herself. She emailed trademark lawyer Anne Gilson LaLonde, who’s written for Strong Language about “scandalous” and “offensive” marks, and asked: WTF? What follows is their online conversation, condensed and edited for clarity. Style note: We’re following the convention in trademark law to use all capital letters for trademarks. When referring to the business itself, we capitalize only the first letter of the name.

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Some sweary trademarks still off limits

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

Mainstream AF

It’s been just about four years since I published my first post about commercial sightings of “AF,” the abbreviation for the intensifier as fuck. And my, how far we’ve traveled since 2015: from festival T-shirts and Etsy geegaws to subway ads, a Netflix movie, and a surreal bidet commercial. We went back and forth on pronunciation: one-syllable word or initialism? (The latter, it would seem.)

And now we find ourselves, and AF, in the middle of Main Street, USA.

To be precise, the personal-care/feminine-hygiene aisle of Target.

Down There Wipes in “Sensual Seduction.” They’re FRESH AF, says “Rachel S.”

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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

Sluts

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.

Lisplut F*ck Trump

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.

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