Erick Brunetti had an idea. He designed a clothing line and named it “FUCT.” Then, he tried to register “FUCT” as a trademark. However, since “FUCT” could be interpreted to be profane in violation of regulations against registration of immoral or scandalous names, the United States Patent and Trademark Office (PTO) rejected federal registration of the trademark. Brunetti brought a First Amendment facial challenge in the Federal Court of Appeals. That court held the prohibition violated the First Amendment. The PTO filed a writ with the United States Supreme Court that the Supreme Court granted.
The Supreme Court sided with the Court of Appeals and permitted federal trademark registration of “FUCT.” It found the refusal to register “immoral or scandalous” was overbroad. Therefore, the regulations violated the First Amendment. The Supreme Court observed:
There are a great many immoral and scandalous ideas in the world (even more than there are swearwords), and the Lanham Act covers them all. It therefore violates the First Amendment.
So, Erick got to register “FUCT.” What immoral or scandalous term would you like to trademark? Check with your attorney to see if it is still available!
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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