Dykes on Bikes™ is now trademarked.
San Francisco Women’s Motorcycle Contingent sought the trademark after a woman in Wisconsin not affiliated with group attempted to use the phrase for a clothing line.
Damn you Homebrew. Your short innocent post just turned into a half hour research project for me.
When I read your post, I doubted that the DOB phrase was actually going to become a registered trademark (and it fact it isn’t yet) because the Trademark Office will not register material that is considered offensive. I thought that “dyke” would certainly be considered offensive and the application to register would be rejected - which it was - initially.
The DOB group fought hard to get this registration, submitting two arguments and eventually filing an appeal of the rejection. It wasn’t until the DOB group enlisted the help of a fairly heavy hitting law firm (Townsend Townsend and Crew) that they got past the Trademark Office (the application has been approved for publication which means that it is now essentially open for public comment, but the TM office has given its blessing.).
The DOB group had to argue the “dyke” is not an offensive term. They argued that “within the lesbian, bisexual, and transgender (“LGBT”) communities, ‘dyke’ evokes pride, empowerment, self-reliance, women’s power and gender equality.” Not being a member of that community, I can’t comment on the truth of that statement, but I wonder if a majority of lesbians feel that way, or if they consider “dyke” objectionable? Is it only true if a LGBT member speaks it? What if I said it?
Does this open a whole raft of issues? Is it sufficient that some members of a group are not offended? Does it have to be a majority of members, super-majority, unanimous?
The US Trademark Manual of Examining Procedure says this: “Section 2(a) of the Trademark Act, 15 U.S.C. §1052(a), bars the registration on either the Principal or the Supplemental Register of a designation that consists of or comprises matter which, with regard to persons, institutions, beliefs, or national symbols, does any of the following: (1) disparages them, (2) falsely suggests a connection with them, (3) brings them into contempt, or (4) brings them into disrepute.”
Well, if even one lesbian is offended by “dyke” in any context, is that enough to prevent registration of a trademark? Does this extend to other groups? Obviously, the ultimate example is “nigger” a term that is sometimes not offensive amongst blacks, but always offensive if spoken by a non-black. What if a few blacks wanted to start the “Nigger Semiconductor Manufacturing Company?” Can they submit an affidavit saying they are not offended by the term and now get a federal trademark registration? I don’t have any answers, but I doubt it. I also have a feeling that someone will challenge the TM Office’s allowance of the DOB application, and I think the DOB group will eventually lose.
Who knows Homebrew, maybe I’ll have to write a paper on this. If I get invited to speak at some conference in a good location I’ll be sure to think kindly of you.
Glad I could help.