Constitutionally Protected Free Speech: “Immoral and Scandalous” Versus “Disparaging” Trademarks

Director Monica Riva Talley and Associate Dana N. Justus discuss the U.S. Supreme Court’s agreement to hear a case determining federal registrability of immoral and scandalous trademarks in the article, “Constitutionally protected free speech: ‘Immoral and Scandalous’ Versus ‘Disparaging’ Trademarks,” published The Trademark Lawyer. The editor notes, “United States trademark attorneys received a New Year’s surprise earlier this month when the Supreme Court of the United States agreed to hear Iancu v. Brunetti. This case should determine the availability of federal trademark registration for “immoral” and “scandalous” marks – in this case, the acronym “FUCT” for a clothing line.”

The posted article can be found on pages 22-23 here or download the PDF below.