Greenspoon Marder Client Alert: Supreme Court Strikes Down Ban on Scandalous Trademarks in Iancu v. Brunetti

Intellectual Property Blog Jun 24, 2019

It is not every day that the United States Supreme Court strikes down a federal law that has been in effect for decades. That is exactly what happened today, when the Supreme Court ruled in a 6-3 decision that the portion of the Lanham Act banning “immoral or scandalous” material, codified in 1947, was a violation of the First Amendment. This decision really was not a surprise in light of the 2017 ruling on disparaging trademarks in the Matal v. Tam case regarding the band name “The Slants” as discussed in a prior blog post.

For the first 70 years of the Lanham Act, the United States Patent and Trademark Office refused registration of any marks deemed “immoral” or “scandalous.” Now, as written by Justice Kagan, the majority held that the provision infringes the First Amendment because it “disfavors certain ideas,” constituting viewpoint discrimination.

In the case, the Court sided with Erik Brunetti, whose trademark application for the brand name FUCT (for a clothing line) was denied by the USPTO.

Justice Kagan was joined by Justices Thomas, Alito, Kavanaugh, Gorsuch and Ginsburg. Chief Justice Roberts and Justices Breyer and Sotomayor concurred in part and dissented in part.

About Greenspoon Marder

Greenspoon Marder is a national full-service business law firm with over 200 attorneys and offices across the United States. We are ranked among American Lawyer’s Am Law 200, as one of the top law firms in the U.S. since 2015. Our firm was founded with the goal of providing the highest quality legal services at the highest value for our clients. Each of our clients is unique and so are their legal needs. We believe no one size fits all for professional services. Our lawyers offer flexible and creative solutions to meet our clients’ respective needs. Our mission is to understand the challenges our clients face, build collaborative relationships and craft solutions with a focus on strategic goals.

MEDIA CONTACT
Natalie Villanueva, Director of Marketing
954.333.4308 | natalie.villanueva@gmlaw.com

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

Next Previous

Intellectual Property Blog

Greenspoon Marder Client Alert: Supreme Court Strikes Down Ban on Scandalous Trademarks in Iancu v. Brunetti

Share

Subscribe to our
Intellectual Property Blog

News & Events

News & Events

Intellectual Property Blog

Greenspoon Marder Client Alert: Supreme Court Strikes Down Ban on Scandalous Trademarks in Iancu v. Brunetti

Share

Subscribe to our Intellectual Property Blog

News & Events

News & Events

Subscribe to our
Intellectual Property Blog