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Fed. Circ. Hammers Gov't Defense Of 'Scandalous' TM Ban

Law360, Washington (August 29, 2017, 8:08 PM EDT) -- A Federal Circuit panel tore into the U.S. government’s defense of a law banning the registration of “scandalous and immoral” trademarks on Tuesday, asking why that prohibition should stand after one for “disparaging” marks was just scrapped by the U.S. Supreme Court under the First Amendment.

The three-judge panel grilled counsel for the U.S. Patent and Trademark Office at oral arguments Tuesday about the constitutionality of the Lanham Act’s bar on “scandalous and immoral” trademark registrations, which covers profane, sexual and otherwise objectionable language. Appellant Erik...
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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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