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Constitutional Law Keyed to Maggs
Iancu v. Brunetti
Citation:
139 S.Ct. 2067 (2019)Facts
Respondent Erik Brunetti is an artist and entrepreneur who founded a clothing line that uses the trademark FUCT. According to Brunetti, the mark is pronounced as four letters, one after the other. But you might read it differently and, if so, you would hardly be alone. That common perception caused difficulties for Brunetti when he tried to register his mark with the U.S. Patent and Trademark Office. Under the Lanham Act, the PTO administers a federal registration system for trademarks. Registration of mark is not mandatory. This case involves another of the Lanham Act’s prohibitions on registration – one applying to marks that consist of or comprise immoral or scandalous matter. The PTO decided that Brunetti’s mark flunked that test.
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