The Looming Constitutional Impact Of A Naughty Trademark
Law360 (May 17, 2019, 5:23 PM EDT) -- The U.S. Supreme Court heard argument on April 15 in Iancu v. Brunetti, involving the respondent's failed attempt to register his "Fuct" trademark with the U.S. Patent and Trademark Office and the U.S. Court of Appeals for the Federal Circuit's subsequent finding that, though "Fuct" fails the "immoral" and "scandalous" registrability requirements of Lanham Act, Section 2(a), that statutory language is facially invalid under the free speech clause of the First Amendment.
If the Federal Circuit's Brunetti decision is affirmed, three major no-nos of Section 2(a) (immorality, scandalousness, disparagement) will have been invalidated in a span of a few years. For...
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