Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

F-words and T-shirts – SCOTUS weighs foul language trademarks

Reuters – (Editor’s note: contains language that some readers may find offensive, paragraphs 2, 13, 14, 16, 19, 22 and 23) “In the staid world of the U.S. Supreme Court, where decorum and etiquette are prized and silence is enforced by court police, the F-word could create quite a stir. Yet that expletive and others will be the focus on Monday when the nine justices hear arguments in a free-speech case brought by Los Angeles-based clothing designer Erik Brunetti. His streetwear brand “FUCT” – which sounds like, but is spelled differently than, a profanity – was denied a trademark by the U.S. Patent and Trademark Office. Brunetti has tried to calm concern about the potential for foul language during arguments in the ornate courtroom. In a written brief, his lawyer told the justices “the discussion will be purely clinical, analogous to when medical terms are discussed.”

At issue is a provision of U.S. trademark law that lets the trademark office deny requests for trademarks on “immoral” and “scandalous” words and symbols. Brunetti, 50, is challenging the law as an infringement of his right to freedom of expression, protected by the U.S. Constitution’s First Amendment. In 2017, a Washington-based federal appeals court ruled in his favor. President Donald Trump’s administration has appealed that ruling to the conservative-majority Supreme Court. The provision at issue has been on the books for more than a century…”

Sorry, comments are closed for this post.