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Constitutional Law Keyed to Choper
Iancu v. Brunetti
Citation:
588 U.S. 388 (2019)Facts
Erik Brunetti founded a clothing line using the trademark “FUCT,” which he claimed was pronounced as four letters, one after the other (F-U-C-T), though it could be read as having a vulgar connotation. When Brunetti sought to register this mark with the U.S. Patent and Trademark Office, both the examining attorney and the Trademark Trial and Appeal Board refused registration under §1052(a) of the Lanham Act, which prohibits registration of marks consisting of or comprising “immoral” or “scandalous” matter. The PTO determined that “FUCT” was “highly offensive,” “vulgar,” and had “decidedly negative sexual connotations.” The Board also considered Brunetti’s use of the mark in context, finding that his website and products contained imagery of “extreme nihilism” and “anti-social” behavior that communicated “misogyny, depravity, and violence.” Brunetti challenged the constitutionality of the “immoral or scandalous” bar, arguing it violated the First Amendment by discriminating based on viewpoint.
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