High Court Strikes Down Ban On Offensive Trademarks

Law360 (June 24, 2019, 10:32 AM EDT) -- The U.S. Supreme Court ruled Monday that a federal ban on the registration of "scandalous" trademarks like "Fuct" violates the First Amendment, less than two years after striking down a similar rule against racist terms.

The Supreme Court on Monday ruled in favor of Erik Brunetti, the founder of streetwear brand "Fuct," striking down a federal ban on the registration of "scandalous" trademarks. (John Sommer) By a 6-3 vote, the justices said the ban on "immoral or scandalous" material was an unconstitutional form of discrimination against viewpoint, something rarely allowed under the First Amendment. The ruling echoed a decision two years...

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