Supreme Court Strikes Down Ban on Scandalous Trademarks; Decision May Threaten Future Trademark Dilution Claims
On June 24, 2019, the U.S. Supreme Court issued its decision striking down the U.S. Lanham Act’s ban on federal registration of “immoral or scandalous” trademarks. The case arose when the U.S. Patent and Trademark Office (PTO) refused to register the term “FUCT,” which the applicant used as a clothing brand. The opinion follows a 2017 decision of the Court striking down the Lanham Act’s ban on “disparaging” trademarks and upholding registration of “The Slants” for an Asian-American rock band.