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Fed Circ. Won't Rethink 'Scandalous' Trademark Ruling

Law360 (April 13, 2018, 1:19 PM EDT) -- Nearly a year after the U.S. Supreme Court struck down the Lanham Act's ban on “disparaging" trademarks, the Federal Circuit on Thursday left in place a ruling that the statute’s bar on “scandalous” material is also unconstitutional.

The appeals court denied a request from the U.S. Patent and Trademark Office for the full en banc court to reconsider the December ruling, which said the rule against registering profane, sexual and otherwise objectionable language violates the First Amendment.

That ruling came five months after the Supreme Court's...
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Case Information

Case Title

In re: Brunetti

Case Number



Appellate - Federal Circuit

Nature of Suit

Date Filed

October 28, 2014

Government Agencies

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