The U.S. government no longer has the authority to bar federal trademark registration for words or symbols that it determines to be immoral, obscene, vulgar or profane. On Monday, June 24, 2019, the U.S. Supreme Court (the Court) struck down a longstanding federal prohibition on the registration of “immoral or scandalous” trademarks, holding that such a prohibition violates the First Amendment right to free expression.
By a vote of 6-3, the Court found in favor of Erik Brunetti, the founder of the clothing line brand FUCT. In 2011, Brunetti sought federal registration of the trademark FUCT. The U.S. Patent and