Adult Entertainment Law

Here it is, the Infamous Fuck Brief. The filings are all public record and are freely available on the USPTO website. Nevertheless, anyone's convenience, here they are. The USPTO's initial rejection of the application. The initial appeal to the Examiner - this is the one that sparked the articles. The USPTO's...

Orlando Weekly published an article chronicling Kink.com's attempts to secure registration of several of its trademarks, such as fuckingmachines and whippedass. Trademark registration is a standard practice for any business that wants to protect its interests. However, Kink.com and others who have attempted register trademarks that contain a "dirty word" have been told by the United States Patent and Trademark Office (“USPTO”) that "Registration is refused because the proposed mark consists of or comprises immoral or scandalous matter." Kink.com is appealing the board's rejections, claiming that they are unconstitutional and unsupported by the evidence provided by the government. Kink is determined to prove to the Courts and Trademark Office that while "fuck" might raise an eyebrow in polite conversation, in modern times, “fuck” does not rise to the level of “scandalousness” claimed by the USPTO. Under the legal standard, the mark itself must be “shocking,” and “calling out for condemnation.” Kink has argued through that this particular word’s prevalence in common conversation and popular culture discredits the argument that the American marketplace, and especially the adult internet marketplace, would be “shocked” by this registration. The previous appeal for whippedass was successfully argued on similar grounds.
This is ongoing litigation involving my firm, therefore I won't directly comment upon it. Nevertheless, the Houston Chronicle ran a pretty good story on the case, which I have reproduced below. May 25, 2007, 11:42PM Court gives strip Houston clubs a reprieve 5th Circuit stay may allow some to avoid a shutdown by city — for now By MATT STILES Copyright 2007 Houston Chronicle The city's planned crackdown on Houston's sexually oriented businesses could be held up for several months after a federal appeals court granted some of them the right to operate — for now. On Friday, a three-judge panel of the 5th Circuit Court of Appeals in New Orleans issued a stay of enforcement pending the outcome of an "expedited" appeal to be argued as soon as August. The stay prevents the city from arresting employees and owners at the Colorado Bar & Grill and The Men's Club, and possibly five other large businesses that have joined in the appeal: Ritz Cabaret, Treasures, Trophy Club, Gold Cup and Centerfolds. "We're quite excited, and very, very pleased for the clients and the citizens of Houston," said John Weston, [of Weston, Garrou, DeWitt & Walters] a Los Angeles-based lawyer representing Colorado Bar & Grill and The Men's Club.

This article demonstrates why "conservatives" need to do some soul searching and boot the Hannitys and the neo-cons out of the movement. Government shouldn't judge morality for us By LEONARD PITTS JR. lpitts@MiamiHerald.com ``Government is not the solution to the problem. Government is the problem.'' -- Ronald Reagan, 1981 Sherri Williams took sex...

If you enjoy this post, click here to let my blawg directory know. Adult Video News and The Wall Street Journal Law Blog reports on the suit between International Media Films Inc. and Manhattan filmmaker Andrei Treivas Bregman. The complaint alleges trademark and copyright infringement for the X-rated films he made under his industry name, Michael Lucas. The lawsuit seeks to stop sales of the gay-themed adult films, "Michael Lucas' La Dolce Vita" Parts 1 and 2. The judge in the case recently denied International's request that he enjoin Lucas from distributing the film, citing "inexcusable delay" in waiting 5 months to seek the injunction.

Florida's favorite anti-First Amendment crusader, Polk County sheriff Grady Judd, recently said one of the most foolish (and if you think about it -- scary) things I've ever seen in print. Judd said. "I could write the inside story on criminals who hide under the cover of free speech.''...

An old professor of mine once said "you need to be retarded to be elected to the Florida legislature." I don't know if I agree with her, but some legislators certainly throw support to that argument. Rep. Dorothy Hukill, R-Port Orange, obviously "just ain't that bright." Her bill ostensibly...