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Will a Slanted View of Adult Language in Trademarks Be Reversed?
The United States Supreme Court has agreed to hear an appeal of the case of In re Simon Shiao Tam. The issue to be determined is whether the powers of the U.S. Patent & Trademark Office (USPTO) to...
View ArticleDefending Access to Porn
Pornography has dealt with a long history of taboo, regulation, and just plain judgment. No one admits that they watch it. Governments continually try to stop it. Search engines try to block it. Even...
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Trademark Protection for the “F-Word”?
Different jurisdictions (i.e. countries) have different laws on protection of trademarks including adult language. A trademark on a term may be granted in one country, yet denied in another. We see...
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Matal v. Tam: A Game Changer for the Adult Industry?
On June 19, 2017, the U.S. Supreme Court issued a landmark decision in the case of Matal vs. Tam, 582 U.S. __ (2017). There, the Court held that a provision in the law that prohibits trademark...
View ArticleKeep Out! NYC Adult Biz Zoning Restrictions Upheld
Recently, on June 7, 2017, in the case of People Theatres of N.Y. v. City of New York, the New York State Court of Appeals, the highest court in the state, upheld that the City of New York can,...
View ArticleCourt Upholds Cock Block to Strip Clubs
On August 14, 2017, the U.S. Court of Appeals for the 11th Circuit issued its decision in the case of Flanigan’s v. City of Sandy Springs (No. 16-14428). The Court held in favor of the City of Sandy...
View ArticleTrademarks and the Adult Industry: A Major Change on the Horizon
Trademarks and the Adult Industry: A Major Change on the Horizon Why It Matters, How to Prepare, and What to Look Forward To Originally printed in EAN Magazine, October 2017 A trademark is a name,...
View ArticleFighting the “Pole Tax”
Ladies and gentlemen, next up to take the stage… on the questionable constitutionality of “pole taxes” is the State of Georgia. “Pole tax” is the coined term referring to an excise tax imposed only on...
View ArticleA Look Back at 2017: Legal Developments
The year 2017 brought some major legal developments in Adult Industry law. From intellectual property to age-verification, and all kinds of issues in between, some revolutionary changes are on the...
View ArticleDeepfakes: The Lawless New World of Involuntary Porn
The Internet has been abuzz about “deepfakes” in the last couple of months… And for good reason. “Deepfakes” is the term coined to describe images and videos, generated by artificial intelligence,...
View ArticleBreaking Down FOSTA & Its Silencing Impact
UPDATE: FOSTA was signed into law by President Donald Trump on April 11, 2018. This article was written prior to his signature. The content is still very much applicable, as the text analyzed below...
View ArticleThe Legalities of Porn Parodies
This article was originally published in April 2018 issue of XBiz World at page 38, and at XBiz online here. Legendary internet “Rule 34” declares that “if it exists, there is porn of it — no...
View ArticleFOSTA: Implications in the U.S. and Far Beyond
Originally published in EAN May 2018 at page 64. On April 11, 2018, the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” was signed into U.S. law by President Donald Trump. This...
View ArticlePorn Censorship & the First Amendment
Recently, people have been outraged about the new porn ban on the popular social networking site, Tumblr, effective today, December 17, 2018. Tumblr was one of the last of such sites to allow...
View ArticleFOSTA: Basic Points of Law · Real Effects · Current Status
This article was originally published in Sex Tech Space, Issue 4 at www.SexTechSpace.com. On April 11, 2018, the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” was signed into...
View ArticleThe Intersections of FOSTA with CDA and DMCA
This article was originally published in the May 2019 issue of XBiz World Magazine and online. Laws in the U.S. that are known in short by the acronyms, FOSTA, CDA, and DMCA each relate to online...
View ArticleMajor Changes Coming to EU Copyright Law
This article was originally published at page 76 of the June 2019 issue of EAN Magazine. The Directive on Copyright in the Digital Single Market (also known as the EU Copyright Directive) was ratified...
View ArticleProtecting Pleasure – A Look at “Morality Clauses” in IP Laws Around the World
This article was originally published in the September 2019 issue of XBiz Premiere Magazine and online here. If you’re in the adult industry, you’ve probably heard the recent big news of the United...
View ArticleThe CARES Act Doesn’t Seem to Care About Adult Industry Businesses
It made headlines recently that adult industry businesses and workers may be ineligible to access the Small Business Administration (SBA) loans meant to save businesses during the Covid-19 crisis. At...
View ArticleProtests During the Pandemic & Their Connection to the Future of Porn
Right now, we are all stuck in this life-altering time called the “coronavirus crisis.” It has had the population of the United States and other portions of the world staying-at-home for weeks, maybe...
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