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ARTICLE · 02 JULY 2019

Finally U Can Trademark Immoral Or Scandalous Marks

On June 24, 2019, the United States Supreme Court struck down the Lanham Act's ban on the registration of immoral or scandalous trademarks as a violation of the First Amendment.

United StatesIntellectual Property

On June 24, 2019, the United States Supreme Court struck down the Lanham Act's ban on the registration of immoral or scandalous trademarks as a violation of the First Amendment.

Trademark owner and Los Angeles clothing designer Erik Brunetti filed an application to register the mark FUCT, which he represents is an acronym for "Friends U Can't Trust"

and "is pronounced as four letters, one after the other: F-U-C-T." But others have read it as the "past participle form of a well-known word of profanity."

The Trademark Office denied registration of the mark on the ground that it was "highly offensive" and "vulgar," thus violating the statutory ban on immoral or scandalous marks. The Trademark Trial and Appeal Board upheld the decision. The Court of Appeals for the Federal Circuit agreed that the term was immoral or scandalous, but found the prohibition against registration of such marks to be an unconstitutional violation of free speech rights. The Supreme Court

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