U.S. Supreme Court allows foul language trademarks in F-word case

The Japan Times 

WASHINGTON - The Supreme Court on Monday struck down a long-standing U.S. ban on trademarks on "immoral" or "scandalous" words and symbols, ruling in a case involving a clothing brand with an indelicate name that the law violates constitutional free speech rights. The justices ruled against President Donald Trump's administration, which defended the law that had been in place since 1905, and in favor of Los Angeles streetwear designer Erik Brunetti, who was turned down by the U.S. Patent and Trademark Office when he sought to trademark his brand name FUCT. All nine justices agreed in the decision written by liberal Justice Elena Kagan that the prohibition on "immoral" trademarks ran afoul of the U.S. Constitution's First Amendment right to free expression. However, three justices wrote dissents to say the bar on "scandalous" trademarks should have been upheld. The Supreme Court followed a course it took in 2017 when it struck down a similar law forbidding the registration of "disparaging" trademarks in a case involving an Asian-American dance rock band called The Slants, a name federal trademark officials had deemed offensive to Asians.

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