Verdict

Iancu v. Brunetti · US Supreme Court · 2019

Can the government refuse the mark?

Short answer: No: that law violates free speech.

The facts. A clothing line called FUCT applied to register its trademark. The patent office refused, citing a law that barred 'immoral or scandalous' marks. The designer said it stood for 'Friends U Can't Trust.'

The ruling. Iancu v. Brunetti (2019): The Court held 6 to 3 that the ban on immoral or scandalous marks violated the First Amendment.

Justice Kagan wrote that the law discriminated by viewpoint. The argument was memorable because the lawyers avoided saying the name aloud.

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