News & Analysis as of

Scandalous/Immoral Marks Disparagement

International Lawyers Network

No Longer “FUCT” - Scandalous Mark Provision Struck Down By Supreme Court

What constitutes a “scandalous” trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act, later codified in the 1946 Lanham...more

International Lawyers Network

Should Scandalous Trademarks Be Registered?

Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if the trademark is immoral or scandalous? Should you register your scandalous trademark with the U.S....more

Snell & Wilmer

Supreme Court Hears Oral Argument on “Immoral or Scandalous” Trademark Prohibition

Snell & Wilmer on

Earlier this week, the Supreme Court of the United States heard oral argument in Iancu v. Brunetti regarding the constitutionality of the portion of Lanham Act, Section 2(a) (15 U.S.C. § 1052(a)) that prohibits the United...more

Cole Schotz

Scandalous As…

Cole Schotz on

Fuct, a L.A. based clothing brand will be infront of the U.S. Supreme later this month. In the past, the United States Patent and Trademark Office (“USPTO”) has prohibited registration of marks that constitute immoral or...more

BakerHostetler

Protected or Unprotected: The Supreme Court Hears Iancu v. Brunetti

BakerHostetler on

On April 15, 2019, the Supreme Court will hear arguments on whether dirty words and vulgar terms may be registrable as trademarks – and if so, what is the test? Section 2(a) of the Trademark Act currently provides that the...more

Mintz - Trademark & Copyright Viewpoints

The FUCT Mark: Is the Prohibition on Scandalous Marks Unconstitutional?

The constitutionality of yet another portion of Section 2(a) of the Lanham Act will soon be determined. Following in the footsteps of the blockbuster decision in Matal v. Tam, 137 S. Ct. 1744 (2017) (“Tam”), the U.S. Supreme...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - February 2019: Trademark Practice Update: Outrageous! Disgraceful! Appalling!...or is it? SCOTUS to Decide the...

U.S. trademark attorneys received a New Year’s surprise last month when the Supreme Court of the United States agreed to hear Iancu v. Brunetti, the case that should determine the availability of federal trademark...more

McDermott Will & Emery

Supreme Court to Address Whether Trademark Protection Is Permitted for Immoral, Scandalous Marks

The Supreme Court of the United States granted the US Patent and Trademark Office’s (PTO’s) request that it address whether the prohibition of federal trademark protection for “immoral” or “scandalous” marks is invalid under...more

Fox Rothschild LLP

Supreme Court To Decide Whether “Scandalous Clause” Passes Constitutional Muster

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Just over a year ago, the U.S. Court of Appeals for the Federal Circuit held that a century-old ban prohibiting the United States Patent and Trademark Office (PTO) from registering “scandalous” and “immoral” trademarks...more

Kilpatrick

Immoral and Scandalous Trademarks

Kilpatrick on

On January 4, 2019, the U.S. Supreme Court granted a petition for certiorari filed by the U.S. Patent and Trademark office in Iancu v. Brunetti. The USPTO seeks to overturn the Federal Circuit’s ruling that the prohibition on...more

Snell & Wilmer

How Scandalous! SCOTUS Again Takes up Whether the Lanham Act Violates the First Amendment

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On Friday, the Supreme Court of the United States agreed to hear a case that will decide whether the federal ban on trademark protection for “scandalous” material is unconstitutional. In re Brunetti follows the U.S. Patent...more

Dorsey & Whitney LLP

The “F Word” Taking Center Stage at the U.S. Supreme Court

Dorsey & Whitney LLP on

On Friday, while some of us may have been muttering a few bad words as we slogged through our post-holiday inboxes, the Supreme Court was toying with a naughty word of its own: FUCT. That’s right. Late last week the Court...more

Eversheds Sutherland (US) LLP

For adults only: A peep at immoral and scandalous marks in the US

The landmark case, Matal v. Tam, forever altered the innocence of the trademark landscape. The case, interestingly enough, involved a musical group wanting to trademark a seemingly disparaging mark. ...more

Harris Beach PLLC

Significant Intellectual Property Trademark Decisions

Harris Beach PLLC on

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

Jaburg Wilk

Good Time to Try to Register that “#!$@*!ing” Trademark?

Jaburg Wilk on

On June 19, 2017, the U.S. Supreme Court struck down the disparagement clause of the Lanham Act (15 U.S.C. § 1051 et seq.) in Matal v. Tam (137 S. Ct. 1744), holding that it violates the First Amendment’s free speech clause. ...more

Akerman LLP - Marks, Works & Secrets

Tam Extended: Prohibition of “Immoral and Scandalous” Trademarks Unconstitutional

The Court of Appeals for the Federal Circuit recently extended First Amendment protections for trademark applications in In re Brunetti, No. 15-1109 (Fed. Cir. December 15, 2017), ruling that Section 2(a) of the Lanham Act’s...more

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