Fed. Circ. Rules Ban On 'Scandalous' TMs Unconstitutional
Law360, New York (December 15, 2017, 11:41 AM EST) -- The Federal Circuit has ruled that the Lanham Act's ban on "scandalous and immoral" trademarks is unconstitutional, months after the U.S. Supreme Court struck down the statute's similar bar on "disparaging" marks.
The Federal Circuit said the government's rule against registering profane, sexual and otherwise objectionable language violates the First Amendment. (Law360)
Overturning a ruling by the U.S. Patent and Trademark Office to refuse a trademark registration for the word "Fuct," the appeals court said Friday that the government's rule against registering profane, sexual and otherwise objectionable language violates the First Amendment.
"The trademark at issue is vulgar," U.S. Circuit Judge...
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