"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." One commentator has even said that fuck "is a more commonly used word than mom, baseball, hot dogs, apple pie, and Chevrolet."[1]
- 2.The further narrowed relevant marketplace would not find the Mark to be immoral or scandalous.
Given the limitations placed on the relevant channels of trade in the description of goods and services pursuant to the Applicant's amendment, the contours of the marketplace should be comfortably demarcated far from any territory where a potential viewer would find the use of the term "fucking" to be scandalous.
- 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.
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.[2] In order to enter the site, the user must agree to all of the following terms:
- ↑ See Eric Vanatta, The F-Motion, 21 CONST. COMMENT. 285, 288–89 (2004) (noting fuck had 24.9 million hits compared to baseball, its closest competitor, with only 13.6 million hits).
- ↑ See Fucking Machines splash page. http://fuckingmachines.com/. This initial page contains no graphic content, but requires the user to affirm that he or she is visiting the site voluntarily and that he or she is over the age of 18.
himself.
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