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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...

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