Analysis

A 'Rush' Of Offensive Trademarks? Maybe Not

By Bill Donahue (June 25, 2019, 7:15 PM EDT) -- U.S. Supreme Court Justice Sonia Sotomayor is predicting that the high court's decision to strike down a ban on offensive trademark registrations will lead to a "rush" of vulgar brand names, but some experts aren't quite as worried.

Justice Sotomayor's dire prediction came in a dissent from the court's Monday ruling in Iancu v. Brunetti that struck down the Lanham Act's ban on the registration of "immoral or scandalous" trademarks. The court's majority said the rule violated the First Amendment because it "disfavors certain ideas."

Without that provision, Justice Sotomayor warned, the U.S. Patent and Trademark Office would have "no statutory...

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