Marc John Randazza

“ We are persuaded that the CDA lacks the precision that the First Amendment requires when a statute regulates the content of speech. In order to deny minors access to potentially harmful speech, the CDA effectively suppresses a large amount of speech that adults have a constitutional right to receive and to address to one another. That burden on adult speech is unacceptable if less restrictive alternatives would be at least as effective in achieving the legitimate purpose that the statute was enacted to serve. ”

“ However, the Examiner can not escape the fact that if the word "fucking" has been typed into the Google search engine more times than "eating" "sleeping" or "dying", then the Applicant would not be incorrect in stating that "fucking" is not as scandalous or shocking as some may believe–especially not in the internet context. Lest the Examiner believe that these queries are out of context, the Applicant provides the following–a comparison between "fucking" and "making love." ”

“ To enter the channel of trade for the Applicant's goods and services, a potential consumer will have ample fair warning that he or she is about to enter a realm of sexual expression. The relevant marketplace—limited by the description of services—is essentially the "red light district" of the online media world. In that realm, websites deal with sexual topics in a graphic and often degrading manner. Women are depicted as being used by men, with an entire genre of adult entertainment (bukkake) devoted to images of men ejaculating on women, often on their faces. ”

“ Fuck (if we accept the Examiner's initial determination) is an offensive and vulgar reference to the act of sex. However, it can also be a reference to playful sex, used by even the most proper women to describe their favorite pair of shoes as "fuck me boots" or "fuck me heels." [7] In fact, a Google search for these terms (with and without hyphens) reveals a staggering number of personal blogs, written by young women, who brag about their "fuck me shoes." [8] To these women, it appears that "fuck" is neither vulgar nor offensive, but empowering. ”

“ Based on the above facts, and following the above-cited authority, the Examiner should find that "fucking" is generally accepted as a non-scandalous term. In the alternative, the Examiner could find that on the internet, "fucking" is not a scandalous or immoral term. And as a fallback position, the Examiner should find that "fucking" is neither scandalous nor immoral in the context of the relevant sub-market of online adult media. ”

“ Applicant believes that the human body is a thing of beauty to be celebrated, and Applicant contends that sexual expression transmits an important message of eroticism, body acceptance, and sexual freedom. Additionally, Applicant contends that the female orgasm is frequently ignored in erotica, and that traditional erotica has often displayed women as objects to be used, much like machines, for the sexual gratification of men. Applicant’s publication uses machines to bring about the female orgasm in a number of ways, by use of machines specifically designed for this purpose. ”

“ A fuck buddy is a guy you probably dated once or twice and it didn't really go anywhere, but the sex is so great you sort of... keep him on call. [31] This brief could go on for thousands of pages, if the undersigned were prepared to burden the examiner with months of reading on the subject. Suffice to say that the Examiner should take notice that "fuck" is accepted, and even beloved. Perhaps if you sent out a survey to your local community asking if they love the word "fuck," you might get one opinion, but Americans vote with their wallets. ”

“ Perfectly healthy people consider the act of a woman whispering in her partner's ear, "I want you to fuck me" as anything but vulgar. [12] "Fuck me" [13] or even "fuck me harder" [14] could hardly be held to be offensive or vulgar when expressed in the spirit of seduction and not in the spirit of insult or degradation.
Even if the term were "offensive" or "vulgar," which the Applicant denies, these are not the standards for rejection under section 2 (a) . [15] In order to deny registration, the Examiner must establish that the mark comprises immoral, deceptive, or scandalous matter. ”

“ Applicant’s choices are as much an act of political resistance as they are works of art and erotica. [20] Applicant’s publication challenges outdated, puritanical notions that are rife with the repressive intent of subjugating women by denying them expressions of messages designed to celebrate and affirm the power of female sexuality. [21] Some cultures engage in physical mutilation of girls in order to control the female orgasm, and thus to control women in general. Our culture, while perhaps more refined in its methods, seeks a no less ignoble goal. ”

“ This does not indicate that we find "fucking" to be immoral or scandalous anymore – in fact, it seems that we are more uncomfortable with love than with fucking. All of the above Google trends charts were limited to United States IP addresses–demonstrating that in contemporary America, we appear to be quite comfortable with "fucking." ”

“ It is a less entrenched, but equally controlling, legal principle that laws based on "morality" are no longer permissible absent the government meeting a heavy burden. [22]
B. America no longer finds "fucking" to be immoral or scandalous. The Examiner will note that the mark must be examined in the context of the current attitudes of the day. See In re Mavety Media Group Ltd., 33 F.3d 1367, 31 USPQ2d 1923 (Fed. Cir. 1994) . It is under the lens of the moral values and mores of contemporary society in which the word must be viewed. ”

“ Entertainment, instruction, and commentary of an erotic/sexual nature, created by and for adults only, presented in images, recorded audio, recorded video, transmitted over the internet a website with access limited to adult viewers, excluding any use of the Mark other than in media or venues where erotic and adult-oriented content is provided. ”

“ The trademark is a tightly targeted bit of expressive activity that seeks to persuade a potential customer to choose one product over another, either due to the identification of goods or to the communicative element of the trademark itself. ”

“ Texas. [49] "The fact a State's governing majority has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice." [50] "Morality" is no longer a valid reason to confer or deny a governmental benefit–instead the government must articulate a reason why registration of "fuckingmachines" might be harmful, and then apply that reason to the particular circumstances at hand, in a narrow manner. ”

“ These machines have the ability to bring formerly non-orgasmic women to the point of sexual ecstasy, and thus release them from lifetimes of sexual dissatisfaction and repression. Applicant’s publication demonstrates these devices and techniques for the enjoyment and instruction of its subscribers, and its title plays upon the imagery and terms in a purposeful manner. ”

“ As illustrated in the Amendment, the Applicant's expressive activity is transmitted to a limited marketplace of consumers consisting of an consensual audience, all over the age of 18 years, desirous of receiving and enjoying the message conveyed by works relating to human sexual interest and sensual subtleties. [40] In order to enter the site, the user must agree to all of the following terms:
1. ”

“ See In re Thomas Laboratories, Inc., 189 USPQ 50, 52 (TTAB 1975) (" [I] t is imperative that fullest consideration be given to the moral values and conduct which contemporary society has deemed to be appropriate and acceptable.") ”