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

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Pineapple Support to Host Autism Spectrum Support Group

Pineapple Support is hosting a free online support group for performers and creators who are, or suspect they may be, on the autism spectrum.

ImLive Launches Revamped Member Loyalty Program

Cam platform ImLive has revamped its member loyalty program.

GoFundMe Set Up for Danny Ferretti's Medical Expenses

A GoFundMe campaign has been set up for Fangear founder Danny Ferretti, who requires extensive lung surgery.

Byborg Acquires Cuties AI

Byborg Enterprises has acquired adult artificial intelligence startup Cuties AI.

Irish Government Releases Report on Sex Work Decriminalization Legislation

The Irish government has released a report reviewing a 2017 law that decriminalized sex work across the country.

Texas Bill Would Require Age Verification for Online Sex Toy Sales

A new bill in the Texas state legislature would require online retailers to implement age verification of purchasers before selling “obscene devices” to anyone in that state.

New York Assemblyman Proposes Banning the Term 'Sex Work'

Republican New York Assembly Member Brian Maher has introduced a bill to prohibit the use of the term "sex work" in government documents.

Age Verification Watch: Michigan Joins the AV Club, Some Laws Just Make No Sense

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Free Speech Groups Back SCOTUS Appeal of Georgia Strip Club Tax

Two civil liberties organizations filed an amicus brief Tuesday supporting a petition asking the U.S. Supreme Court to hear an appeal in a case involving whether a tax specifically aimed at adult entertainment establishments violates the First Amendment.

Show More