Supreme Court Overturns Ban on Trademarking Immoral or Scandalous Words

Supreme Court Overturns Ban on Trademarking Immoral or Scandalous Words
The Supreme Court building in Washington on April 15, 2019. ERIC BARADAT/AFP/Getty Images
Matthew Vadum
Matthew Vadum
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WASHINGTON—The Supreme Court overturned a ban preventing “immoral” or “scandalous” words and symbols from being trademarked, ruling the prohibition in the Lanham Act violated First Amendment speech protections.

The U.S. Patent and Trademark Office, which administers the intellectual property statute also known as the Trademark Act of 1946, previously rejected a trademark application for the word “F**T” (letters omitted) by clothes-maker and artist Erik Brunetti, who has said F**T stands for “Friends U Can’t Trust.” The designs include shirts, hoodies, and jackets.