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Trademarking an Offensive Word - Should it be done?

Henry Imler February 23rd, 2006

Wired News: Actor Tries to Trademark ‘N’ Word

Yup, Damon Wayans has tried to trademark the word “Nigga” for a clothing line. It was rejected because the U.S. Patent and Trademark Office won’t allow “immoral or scandalous” words to be trademarked. There is hope for his claim because a group of lesbians were allowed to trademark “Dykes on Bikes“.

I am not sure about this. On one hand, I think that it is a terrible term,
no matter how it is used. On the other, I think that people should be
free to use terms however they see fit as long as it does not cause
actual harm to other parties. I think this ends up outweighing the
first point. Therefore, while offensive, I think the trademark should
be allowed.

What do you think? I know there are liberal, conservative, religious
and sacrilegious readers out there and I would like to get your
thoughts.

One Response to “Trademarking an Offensive Word - Should it be done?”

  1. Kyle [Visitor]on 23 Feb 2006 at 4:56 pm

    Regardless of whether or not this word should be used by “in-groups” I
    don’t think Damon Wayans should be able to copyright it. First, just
    because it’s Damon Wayans, but second because you shouldn’t be able to
    copy a word. A company name, yes; a phrase, maybe. But not a single
    word.

    If he copyrights it will Mark Twain’s estate have to pay royalties for its use in Huck Finn?

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