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 © 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

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Pre-Nominations Now Open for 2025 TEAs

The pre-nomination period for the 2025 Trans Erotica Awards (TEAs) is now open.

Show More