Porn and Parody Make Odd Bedfellows
When you think porn, I bet the first thing that pops up isn't the Federal Antidilution Act. It does, however, over here at the Anchor Plate. And that intersection of porn, parody, and the First Amendment has inspired a contest to see who can coin the best porn parody title for any movie nominated for an Oscar at this year's Academy Awards. But first, some background:
We intellectual property lawyers have our own set of favorite quirky cases, the sexy ones you'd hesitate to bring home to Mom, the goofy ones that tap into that special brand of humor most commonly associated with junior high school boys. (Yes, as many women will readily attest, there is a 7th-grade boy lurking within every adult male, including ones who can't resist use of the phrase "pops up" in the first sentence of this post.)
If copyright is your field, look no further than the 7th Circuit's opinion in JCW Investments v. Novelty, Inc., 482 F.3d 910 (7th Cir. 2007), which memorably opens:
Meet Pull My Finger® Fred. He is a white, middle-aged, overweight man with black hair and a receding hairline, sitting in an armchair wearing a white tank top and blue pants. Fred is a plush doll and when one squeezes Fred's extended finger on his right hand, he farts. He also makes somewhat crude, somewhat funny statements about the bodily noises he emits, such as "Did somebody step on a duck?" or "Silent but deadly."
If your metier is trademark registrations, you'll fondly recall the late lamented STEALTH CONDOM, the all-black model marketed with the tag-line: "They'll Never See You Coming." Alas, Northrop--of Stealth Bomber renown--was not pleased, and the registration eventually died.
But trademark dilution is where most of the fun (and 1st Amendment speech) occur, mainly at the intersection of famous brands and parody. Favorite cases include the lawsuit by Mattel, owner of the trademark for the Barbie doll, against the Danish rock band Aqua over their song, "Barbie Girl"--a case that generated a Ninth Circuit opinion with this wonderful opening line by Judge Alex Kozinski: "If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong."
But let's face it, nothing taps into that humor more effectively than parody titles for porn movies. While occasionally those titles (and content) purport to spoof current political affairs--such as the profound "Who's Nailin Paylin?"--the usual target is a real movie.
(Ah, glad you returned from that link. Re-read the last couple sentences so that you can remember where you were.)
We explored this topic once upon a time in our prior blogging days, but since then there have been numerous excellent (and hundreds of so-so) additions to the list of parody porn titles, including, "Shaving Ryan's Privates," "Pulp Friction," "The Loin King," and, of course, "Riding Miss Daisy."
All of which gave us a great idea for our readers. Because the porn industry in San Fernando Valley is usually about a year behind the film industry 14 miles to the west in L.A., most of the 2010 Hollywood releases have not yet garnered a porno with a knock-off title. So here is our challenge:
For all you true believers in the "noncommercial" safe harbor under the Federal Antidilution Act, we invite you to create your nomination(s) for the best parody porn movie titles based on current films nominated, or soon to be nominated, in any one or more of the categories of this year's Academy Awards. Since those nominations aren't out yet, we toss out for your consideration some recent Golden Globes nominees: "Winter's Bone" "The Social Network," "The Black Swan," "The Rabbit Hole," "The King's Speech," "The Kids Are Alright," and "How to Train Your Dragon."
Have at it, gang. Submit your entries.

Geoff Gerber keeps waiting for his superpowers to materialize. In the meantime, he uses his lawyer-powers to litigate intellectual property


Michael A. Kahn concentrates his practice in copyright, trademark, First Amendment and media law (libel, privacy rights). He is
Abby Durlester is a reality television enthusiast who can prophesize which contestant will win the season of whatever varietal