Iancu v. Brunetti, U.S., No. 18-302, amicus brief filed 2/25/2019. February 26, 2019

The Lanham Act’s ban against registering immoral and scandalous marks violates the Free Speech Clause of the First Amendment because it has a viewpoint-discriminatory effect, AIPLA argued to the Supreme Court in a February 25, 2018 amicus brief.

In addition, the prohibition is unconstitutional because it does not reflect a substantial government interest that is advanced by an action that is no more extensive than necessary, according to the brief, citing Central Hudson Gas & Electric Corp. v. Public Service Comm’n of New York, 447 U.S. 557 (1980).