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,[1] 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[2] that, though "Fuct" fails the "immoral" and "scandalous" registrability requirements of Lanham Act, Section 2(a),[3] 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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