The Supreme Court on Monday struck down a longstanding U.S. ban on trademarks on...
WASHINGTON - The Supreme Court on Monday struck down a longstanding U.S. ban on trademarks on “immoral” or “scandalous” words and symbols, ruling in a case involving a clothing brand with an indelicate name that the law violates constitutional free speech rights.
The Supreme Court followed a course it took in 2017 when it struck down a similar law forbidding the registration of “disparaging” trademarks in a case involving an Asian-American dance rock band called The Slants, a name federal trademark officials had deemed offensive to Asians. “Today is a good day for Americans,” Brunetti’s lawyer John Sommer said. “The U.S. Supreme Court has taken the government out of the business of deciding questions of morality.”
Brunetti’s brand includes products such as a pullover sweatshirt saying “The world is fuct,” sweatpants saying “We are fuct,” and a T-shirt saying “Fuct is free speech, free speech is fuct.” Brunetti sought a trademark because it would make it easier to protect his brand of casual clothing against counterfeiters. The brand’s name is clever, Brunetti said, because of its association with the profanity, while the acronym also means “Friends U Can’t Trust.”
The Trump administration had argued that banning vulgar terms and sexually indecent images did not discriminate against anyone’s viewpoint, and that the government should not be forced through the trademark system to promote words and images that would be shocking or profane to the public.
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