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Intellectual Property Litigation Trademarks United States Supreme Court

SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks

This case should determine the availability of federal trademark registration for “immoral” and “scandalous” marks – in this case, the acronym “FUCT” for a clothing line.

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Many U.S. trademark attorneys were surprised in early January when the Supreme Court of the United States agreed to hear Iancu v. Brunetti. This case should determine the availability of federal trademark registration for “immoral” and “scandalous” marks – in this case, the acronym “FUCT” for a clothing line. Brunetti is the second case before the Court in three years to consider the constitutionality of the federal ban on registering certain categories of trademarks under Section 1052(a) of the Lanham Act.

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