In September we
discussed the potential registration of trademarks categorized
as "scandalous, obscene or immoral" marks. A case raising
this issue was at the oral argument stage before the U.S. Court of
Appeals for the Federal Circuit. The Court's decision has now been released.
The Facts
A Los Angeles designer filed several trademark applications for
the trademark FUCT for use in association with a line of clothing.
The applications were rejected by the U.S. Patent and Trademark
office on the basis of non-compliance with the Lanham Act, which
precludes the registration of a trademark that "consists of or
comprises immoral, deceptive or scandalous matter".
The designer appealed the rejection to the U.S. Court of Appeals
for the Federal Circuit. The appeal was held in abeyance pending
the release of the decision of the US Supreme Court in the
SLANTS case. In that decision the Court found that a
related provision of the Lanham Act, precluding the registration
