Justices Question if ‘Fuct’ Trademark Merits First Amendment Protection

Counsel Dana N. Justus was quoted in Westlaw Journal‘s article, “Justices Question if ‘Fuct’ Trademark Merits First Amendment Protection.” The editor wrote, “The U.S. Supreme Court on April 15 grilled attorneys representing Fuct, a streetwear firm trying to federally register its brand, and the U.S. government on the validity of the statute that bars registration of “scandalous” and “immoral” marks. Several justices pressed Deputy Solicitor General Malcolm L. Stewart to explain why the government’s interest in upholding Section 2(a) of the Lanham Act, 15 U.S.C.A. § 1052(a), should overcome Fuct founder Erik Brunetti’s claim that the Patent and Trademark Office’s refusal to register his trademark was unconstitutional viewpoint discrimination.”

Justus predicted the Supreme Court “will strike down Section 2(a)’s prohibition on the registration of scandalous trademarks as overly broad and unable to justify the burden on free speech.”