Supreme Court Grants Review to Scandalous Trademarks Case
Written January 7, 2019
The Supreme Court on January 4, 2019, agreed to decide whether Section 2(a) of the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks is facially invalid under the free speech clause of the First Amendment. Iancu v. Brunetti, U.S., No. 18-302, 1/4/19.
In the lower court, designer Erik Brunetti, who owns the clothing line FUCT, appealed from the decision of the Trademark Trial and Appeal Board (“Board”) affirming the examining attorney’s refusal to register the mark FUCT because it comprises immoral or scandalous matter under 15 U.S.C. § 1052(a). The Court of Appeals for the Federal Circuit, however, reversed the TTAB’s holding that the mark was not registrable, finding that § 2(a)’s bar on registering immoral or scandalous marks was an unconstitutional restriction of free speech.
In the lower court, designer Erik Brunetti, who owns the clothing line FUCT, appealed from the decision of the Trademark Trial and Appeal Board (“Board”) affirming the examining attorney’s refusal to register the mark FUCT because it comprises immoral or scandalous matter under 15 U.S.C. § 1052(a). The Court of Appeals for the Federal Circuit, however, reversed the TTAB’s holding that the mark was not registrable, finding that § 2(a)’s bar on registering immoral or scandalous marks was an unconstitutional restriction of free speech.