Manwin Appeals Rejected Trademark Application

WASHINGTON — Manwin attorneys yesterday filed a brief with a federal appellate panel over its application to trademark its MomsBangTeens brand, which was nixed by an examiner on a single ground — that it allegedly comprises immoral or scandalous matter.

In court documents, Manwin counsel told the U.S. Patent and Trademark Office's Trial and Appeal Board that it disagrees with the examiner's finding that the word "bang" is vulgar, citing that the word on its own is harmless and that when used in an erotic context it is "non-offensive."   

"Moreover, with response to the examining attorney’s conclusion that as a whole 'the applied-for mark describes in vulgar fashion the act of older women having intercourse with younger persons between the ages of 13 and 19,' appellant submits that the public does not deem sexual intercourse engaged in by older women to be vulgar," Manwin counsel argued.

Manwin attorneys continued by saying that "bang" is frequently used in mainstream media, including the TV and movie titles "Big Bang Theory" and "Chitty Chitty Bang Bang"; the Ricky Martin hit "She Bangs"; and the Marc Jacobs cologne called "Bang," among other examples.

" These examples evidence that 'bang,' even if used to reference or suggest sexual intercourse, does not offend or shock general consumers in the U.S. in the year 2013," Manwin lawyers said.

Even if the MomsBangsTeens were considered immoral or scandalous by some people in the public at large, Manwin counsel said, the Trademark Office’s determination should only be made in the context of the adult entertainment marketplace.

"The relevant marketplace, limited by the description of services, is essentially the red light district of the Internet," they said. "Those consumers of would not find MomsBangsTeens to be immoral or scandalous. Rather, in this marketplace, the word 'bang' is tame, as is the concept of sexual activity occurring between older women and younger, 18- or 19-year-old, men."

View appeal

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

My.Club Appoints Nicole Aniston Newest Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

MojoHost Unveils 'Star Wars Day' Promo

MojoHost will celebrate “Star Wars Day” on Saturday by offering a special discount on new purchases of dedicated servers, VPS, and CDN prepay plans for the whole month of May.

2024 XBIZ Miami Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, the adult industry's biggest summer conference, set to take place May 13-16.

California Labor Division Rules in Nicole Doshi's Favor in Motley Contract Dispute

The Division of Labor Standards Enforcement of the California Department of Industrial Relations ruled on Monday in favor of Nicole Doshi in her contract dispute with defunct talent agency Motley Models and its former owner Dave Rock.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly Judiciary Committee on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Supreme Court Denies Stay of Texas' Age Verification Law

The U.S. Supreme Court has denied a request by Free Speech Coalition (FSC) and other plaintiffs to stay Texas’ controversial age verification law while the court decides on a petition that would effectively overturn it on constitutional grounds.

Show More