News & Analysis as of September 13, 2025

Immoral Marks

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Earmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTAB

Bradley Arant Boult Cummings LLP on 9/4/2025

The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain...more

Supreme Court Weighs Whether Refusing to Register TRUMP TOO SMALL Trademark Violates First Amendment

Pillsbury - Internet & Social Media Law Blog on 11/6/2023

On November 1, 2023, the U.S. Supreme Court engaged in a thought-provoking deliberation concerning the intersection of the First Amendment to the U.S. Constitution and U.S. trademark law, Vidal v. Elster, Supr. Ct. Case No....more

Supreme Court Holds Ban on Immoral or Scandalous Trademarks Unconstitutional

Akerman LLP - Marks, Works & Secrets on 7/1/2019

On June 24, 2019, the United States Supreme Court, in Iancu v. Brunetti, reviewing the trademark application for “FUCT”, held that the Lanham’s Act’s provision, prohibiting the registration of “immoral[] or scandalous”...more

Supreme Court Rules Ban on ‘Immoral or Scandalous’ Trademarks Unconstitutional

ArentFox Schiff on 7/1/2019

On Monday, the Supreme Court held that the ban on “immoral or scandalous” trademarks was unconstitutional under the First Amendment. The Court found that, as with the recently struck down ban on “disparaging” marks, the ban...more

SCOTUS on Swearing: Lanham Act Violates First Amendment by Prohibiting Registration of Immoral or Scandalous Trademarks

Ballard Spahr LLP on 6/27/2019

The Supreme Court unanimously held on June 24, 2019, that the Lanham Act’s prohibition on registering “immoral” trademarks with the U.S. Patent and Trademark Office (USPTO) infringes upon the First Amendment because such a...more

US Supreme Court Strikes Down Ban of ‘Scandalous’ Trademarks

Skadden, Arps, Slate, Meagher & Flom LLP on 6/26/2019

On June 24, 2019, the U.S. Supreme Court ruled, in a 6-3 decision in Iancu v. Brunetti, 588 U.S. ____ (2019), that Section 2(a) of the Lanham Act’s ban on the registration of “immoral” or “scandalous” trademarks violates the...more

MarkIt to Market - February 2019: Trademark Practice Update: Outrageous! Disgraceful! Appalling!...or is it? SCOTUS to Decide the...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/5/2019

U.S. trademark attorneys received a New Year’s surprise last month when the Supreme Court of the United States agreed to hear Iancu v. Brunetti, the case that should determine the availability of federal trademark...more

Significant Intellectual Property Trademark Decisions

Harris Beach Murtha PLLC on 3/27/2018

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

Scandalous and Immoral Trademarks Awarded First Amendment Protection

Bracewell LLP on 1/3/2018

On December 15, the Federal Circuit held that the prohibition on the registration of scandalous and immoral trademarks is unconstitutional because it violates the First Amendment. In re Brunetti, No. 2015-1109, 2017 WL...more

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Supreme Court of the United States › Trademark Trial and Appeal Board › Scandalous/Immoral Marks

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