The Supreme Court agreed Friday to review a new front in the battle over free speech and will decide whether trademark protection can be refused to brands the federal government finds vulgar or lewd. The case involves a decision of the U.S. Patent and Trademark Office to deny trademark registration to a clothing line called FUCT. The U.S. Court of Appeals for the Federal Circuit struck down the century-old ban on protecting “scandalous” and “immoral” trademarks as a First Amendment violation, and the Department of Justice wants the Supreme Court to reverse the decision. Even though Brunetti won at the appeals court, he agreed the Supreme Court should take the case to clear up questions left from the Tam decision. The word PENIS is allowed, an outline of a penis is not.”The case,Iancu v. Brunetti , will probably be heard at the Supreme Court in April.

Source: Washington Post January 04, 2019 21:52 UTC