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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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

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

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

New frontiers in the giving of fucks and shits

Back in December 2014 when the Strong Language blog was just starting out, Stephen Chrisomalis contributed a memorable post, “How many swears can we give?” In it, Stephen mused on a couple of memes — “Look At All The Fucks I Give” and “Not a Single Fuck Was Given That Day” — and traced the history of “(not) give a TABOO TERM” (damn, shit, fuck, etc.) as what linguists call a “negative polarity item.” The following year, John Kelly posted about a newly popular idiom, “zero fucks given.” (Zero fucks given or ZFG was also nominated in the Most Useful category in the American Dialect Society’s 2015 Word of the Year voting.) Since then, there have been many more creative variations on the theme. Here are two humorous entries in the “no fucks/shits to give” genre that have popped up recently.
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