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posted by takyon on Tuesday June 25 2019, @02:56AM   Printer-friendly
from the see-you-next-tuesday dept.

Submitted via IRC for Bytram

It's official. You can get FUCT, US Supremes tell scandalized bureaucrats in rude trademark spat

When Erik Brunetti in 2011 first tried to obtain a trademark for his clothing company FUCT, the US Patent and Trademark Office blocked his application.

The USPTO relied on a portion of the Lanham Act that allows trademarks to be denied if they "[consist of or comprise] immoral, deceptive, or scandalous matter." So Brunetti challenged the decision in court.

On Monday this week, the US Supreme Court in a 6-3 decision affirmed a December 2017 decision by the US Court of Appeals for the Federal Circuit that found the act's trademark limitation violates the US Constitution's First Amendment guarantee of free speech.

Pointing at its own 2017 ruling in Matal v. Tam, which said the USPTO could not deny music group The Slants a trademark just because the term might offend some people, the Supreme Court told the agency in so many words to get FUCT on its registry. "[T]he 'immoral or scandalous' bar is substantially overbroad," the majority opinion, from Justice Elena Kagan, reads. "There are a great many immoral and scandalous ideas in the world (even more than there are swearwords), and the Lanham Act covers them all. It therefore violates the First Amendment."

[...] In the past, trademark applications for beverages "Marijuana Cola" and "Ko Kane," for clothing line "Bong Hits 4 Jesus," were denied for being scandalous. But trademarks have been granted for "FCUK" and "Handjob Nails and Spa."

Also at NYT, Courthouse News Service, NPR, Reuters, National Review, CNN, and Vice.

Previously: Can You Trademark an Offensive Name or Not? US Supreme Court to Decide
Two Unanimous SCOTUS Victories for Free Speech
U.S. Supreme Court Considers Issue of Trademark Protection for Profanity


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  • (Score: 1) by fustakrakich on Tuesday June 25 2019, @05:59PM

    by fustakrakich (6150) on Tuesday June 25 2019, @05:59PM (#859793) Journal

    if you just take two of every animal isn't that just a massive recipe for inbreeding?

    Don't be ridiculous! There's not nearly enough space in the fridge to take every animal. Where will I keep the foie gras and chocolate mousse?

    As for the inbreeding, well, to each his own, I guess. I'm not sure how the diet would affect that.

    Our buffets will have only the finest recipes! For carnivores and vegans alike.

    --
    La politica e i criminali sono la stessa cosa..