Author Topic: SCOTUS strikes down ban on trademarking 'immoral', 'scandalous' words and symbols  (Read 794 times)

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Offline jmyrlefuller

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https://www.npr.org/2019/06/24/732512169/supreme-court-strikes-down-ban-on-trademarking-immoral-scandalous-words-symbols

The case was brought by clothing designer Erik Brunetti, who sought to trademark the phrase FUCT. The decision paves the way for him to get his brand trademarked.

The court, like others, struggled with how to deal with the word — in particular, its pronunciation. Here's how Justice Elena Kagan described it in her majority opinion: The clothing brand "is pronounced as four letters, one after the other: F-U-C-T. ... But you might read it differently and, if so, you would hardly be alone."

She noted that it has been described "as 'the equivalent of [the] past participle form of a well-known word of profanity.' "

Five justices joined Kagan's majority opinion: Clarence Thomas, Ruth Bader Ginsburg, Samuel Alito, Neil Gorsuch and Brett Kavanaugh.

Justice Alito, in a concurring opinion(...)

(excerpt)

Full opinion in Iancu v. Brunetti:
https://www.supremecourt.gov/opinions/18pdf/18-302_e29g.pdf
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