Randazza Publishes Paper on Morality and Intellectual Property Rights

Randazza Publishes Paper on Morality and Intellectual Property Rights

LAS VEGAS — Industry attorney Marc Randazza recently released a paper that examines intellectual property rights and the implications of morality-based impediments to the enforcement of them and their supportability under international agreements.

The paper, published by the Nevada Law Journal, offers sections on patents and trademarks in relation to notions of morality by certain countries, including approaches in the U.S., U.K., Australia, Taiwan and the E.U.

It discusses numerous key contemporary intellectual property cases involving the trademarks The Slants, CumFiesta, FuckingMachines and Screw You, among others.

“While many national laws are enacted in order to govern national or local notions of ‘morality,’ such laws are generally limited to governing the conduct of those subject to them. However, in the case of intellectual property rights, some nations erect barriers to the protection of [those rights] on the basis of ‘morality,’” Randazza wrote.

Specific to the U.S., Randazza said in his paper that “there seems to be a strong constitutional argument against morality restrictions, and [The Slants] decision makes that clear,” he said citing the recent key appellate ruling that said the U.S. government can’t deny trademarks over offensive names.

“But, when it comes to sexual expression, the U.S.’ underlying power of prudishness should never be counted out,” he wrote. “Further, despite the constitutional mandate against government censorship, the USPTO has always been unwilling to budge from an expansive view of its duties as a moral arbiter, unless it is forcibly dislodged from its current position.

On a world level, Randazza concluded that there will always be those who seek to impose their own sense of morality upon others.

“With intellectual property rights being of such prominent international and economic importance, it is no surprise that this eternal conflict plays out in the copyright and trademark offices worldwide,” he said.

Marc Randazza’s “Freedom of Expression and Morality Based Impediments to the Enforcement of Intellectual Property Rights," can be downloaded here.

Related:  

Copyright © 2025 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

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Two Texas Bills Restricting Sex Toy Sales Fail to Pass

Two bills aimed at restricting sales of sex toys have failed to pass the Texas state legislature during its 2025 session.

NYC Adult Stores Petition for Rehearing in Zoning Law Case

A group of adult businesses on Tuesday petitioned the U.S. Court of Appeals for the 2nd Circuit to rehear a case involving a zoning law that could severely limit adult stores’ operations in New York City.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

Show More