SCOTUS Strikes Down Law Prohibiting 'Scandalous' and 'Immoral' Trademarks

Credit: Wibbitz Studio
Published 3 weeks ago - Duration: 01:08s

SCOTUS Strikes Down Law Prohibiting 'Scandalous' and 'Immoral' Trademarks

SCOTUS Strikes Down Law Prohibiting 'Scandalous' and 'Immoral' Trademarks The federal law was struck down as a violation of the First Amendment.

The case challenging the law centered on the name of a clothing brand, which uses an acronym for FRIENDS U CAN'T TRUST.

Erik Brunetti was denied a trademark when he sought to register his brand in 2011.

Writing the majority opinion, Justice Kagan wrote that the law "disfavors certain ideas." The ruling was unanimous in regards to the word "immoral." However, the court was split 6-3 in regards to prohibiting "scandalous" trademarks.

Dissenting in part, Justice Breyer asked how one would react if they saw "a product emblazoned with an odious racial epithet." The decision leaves open the option for Congress to "adopt a more carefully focused statute."

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