July 18, 2005

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Dykes On Bikes Get Fucked

Ever heard me ranting about how terrible the USPTO is? Well, here's another bit of evidence, via Jason's post on LawGeek, that has nothing to do with my other complaints (mostly patent-related). The patent office has rejected an application for a trademark for "Dykes On Bikes," finding it patently offensive. Is this phrase obviously offensive to everyone? Clearly not, if there are people wanting to refer to themselves this way. At least the internet isn't so oppressive. Also, here's a nice discussion on BoingBoing, and here is a real news article about it.

The Dykes on Bikes are a group of lesbian bikers who ride at the front of a lot of Pride parades, and have been doing so for many years. Their name is an example of a group taking ownership of a pejorative term (i.e. womyn calling themselves "cunts", black people calling themselves "niggers", etc.). The idea is that taking ownership of it, proudly claiming those terms, severly blunts their negative impact.

But the USPTO doesn't see that. Instead, it is obvious that they are moralizing here; there are lots of trademarks containing "nigga," one containing "nigger," and a ton containing "NWA" (not all of which are related to the rap group). The USPTO doesn't even require a member of the public to object to the mark, the decision was made by some application examiner.

"The examining attorney found it to be offensive to a significant portion of the lesbian community," said Jessie Roberts, a trademark administrator with the U.S. Patent and Trademark Office. "And we're also looking out for the sensitivities of the general public more than that of a specific applicant."

How do they know what's offensive to the gay community? Anyway, I find "Focus On The Family" offensive. Why should that be allowed to exist? Offense shouldn't be grounds for not granting a trademark, and even if it is, that decision shouldn't be made by a USPTO officer. Offensiveness is just too subjective and variant to rely on. And anyway, that has nothing to do with the purpose of trademarks, which is to protect consumers from brand confusion. In my mind, and though I'm not a rabid free-market advocate, the only solution to this problem lies in the market. If some business or group is offensive, don't patronize them. But we shouldn't not let them exist.

Posted at July 18, 2005 4:38 AM | Comments (1)

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