Supreme Court Rules That the Lanham Act's Prohibition on Immoral Trademarks Violated the First Amendment

摘要

In Iancu v. Brunetti, [No. 18-302 06/24/2019], Erik Brunetti sought federal registration of the trademark FUCT. The Patent and Trademark Office (PTO) denied his application under a provision of the Lanham Act that prohibits registration of trademarks that "[c]onsist of or comprise immoral or scandalous matter," [15 U. S. C. § 1052(a)]. Brunetti brought a First Amendment challenge to the "immoral or scandalous" bar in the Federal Circuit, which invalidated the provision.