Supreme Court to Decide Controversial Trademark Case

This Spring the Supreme Court will decide whether the mark FUCT, along with a reversed swastika, should be registered on the Principal Register as a U.S. trademark for a clothing line. The Court recently decided, in Matal v. Tam, 137 S. Ct. 1744 (2017) that the long standing trademark office policy against “scandalous or immoral” marks was an impermissible infringement of free speech. In that case, an Asian-American band was refused the mark THE SLANTS for their band, which was believed to be derogatory. One question here is how far the Matal precedent will go. The FUCT mark has already won in the CAFC.

More about this interesting case can be read at the following: Supreme Court agrees to hear Brunette Trademark Dispute.

 

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