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Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment

Iancu v. Brunetti The Supreme Court held the bar against registration of immoral or scandalous marks "collided" with well-established free speech doctrine, namely, that laws disadvantaging speech based on the views expressed thereby violate the First Amendment.

11 minute read August 01, 2019 at 12:07 AM
By
Peter Kidd
Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment

Let's face it. The Lanham Act's prohibition against registration of "immoral … or scandalous marks" has had little impact on most trademark practitioners — except those lucky enough to have edgy clients or unlucky enough to have depraved ones.

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