Immoral and Vulgar Trademarks Get SCOTUS Seal of Approval


The High Court recently upheld the lower federal appellate court decision holding that the Lanham Act's prohibition on immoral and scandalous trademarks is unconstitutional.

In short, the decision explains that the rule consists of viewpoint discrimination because what is immoral and scandalous requires an evaluation of the content of the trademark. Despite the majority opinion ruling in favor of the clothing brand FUCT, it seems that several of the justices do not believe such trademarks should be allowed registration.

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