Michael Best Partner Marshall Schmitt was quoted in IP Magazine article "SCOTUS rules in favour of ‘fuct’ mark."
The federal ban on registering ‘immoral’ or ‘scandalous’ trademarks “violates the First Amendment”, the Supreme Court of the US (SCOTUS) has held.
Passing a 6-3 verdict in the eagerly-awaited Iancu v Brunetti litigation this week, the court ruled that the Lanham Act’s prohibition on the registration of such marks infringes the First Amendment.
Upholding a Court of Appeals for the Federal Circuit (CAFC) decision in December 2017, the court said that the immoral or scandalous bar is “substantially overbroad”.
Michael Best’s Marshall Schmitt commented that the ruling highlights how the “First Amendment remains a robust and vibrant force in [US] democracy worthy of respect by all who sit on the court no matter how they decide any particular case.”
To read the entire article, click here.