Testicular fortitude

If you ever played the video game Duke Nukem, you might remember his signature catchphrase, “I’ve got balls of steel.” This use of balls features widely in the English lexicon, as in:

  • ballsy
  • big balls
  • break my balls
  • have (someone) by the balls
  • ball-buster

So it’s understandable that when you encounter a phrase or idiom with “balls” in it, the cojones are a go-to cognate. But that can lead one astray. Take, for example, “balls to the wall,” meaning to be racing flat-out. This comes to us from aviation, where the throttles are topped with knobs and are pushed fully forward for maximum power.

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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

Food trucks serve up slurs & slang

Following hard upon Iva Cheung’s delicious food-based ethnic slurs post, we turn to disparaging and sweary food truck trademarks.

First, a recent and timely controversy over food service-related branding.  Local officials in Keene, New Hampshire were dismayed when signage popped up for a new Vietnamese restaurant, PHO KEENE GREAT.

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