Feature

Ban On 'Scandalous' TMs Is Probably Dead For Good

Law360 (September 18, 2018, 7:40 PM EDT) -- Will the U.S. Supreme Court revive a federal ban on the registration of profane trademarks like "Fuct," less than two years after it categorically struck down a similar rule used against the Washington Redskins? Not f***king likely, experts say.

Earlier this month, the U.S. Patent and Trademark Office asked the justices to overturn a December ruling by the Federal Circuit that the Lanham Act's ban on "immoral or scandalous" material violated the First Amendment. The Constitution, the USPTO said, should not require the agency to "affirmatively promote the use of graphic sexual images and vulgar terms."

The petition for a writ...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!