Just six months after the U.S. Supreme Court struck down the Lanham Act’s ban on disparaging trademarks, the U.S. Court of Appeals for the Federal Circuit has ruled that barring trademarks that include immoral or scandalous language is an unconstitutional restriction on free speech.
Excellent timing and a focus on the broader implications of the case created the ideal circumstances to have this issue addressed, John Sommer, general counsel of clothing brand Stussy Inc., who argued for the “Fuct” mark in the case, said in an interview with Corporate Counsel following the decision, which was handed down on Dec. 15.
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