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No. 18-302October Term 2018Decided Jun 24, 2019

Docket 18-302October Term 2018 (2018–2019)

Iancu v. Brunetti

This case asked whether the federal government could refuse to register trademarks it considered “immoral” or “scandalous,” after the Patent and Trademark Office denied Erik Brunetti’s application to register the mark FUCT.

Case status

Current stage
Decided
Latest event
Decision released Jun 24, 2019
Case Accepted
Arguments
Decision ReleasedJun 24, 2019
What it's about

This case asked whether the federal government could refuse to register trademarks it considered “immoral” or “scandalous,” after the Patent and Trademark Office denied Erik Brunetti’s application to register the mark FUCT. The Supreme Court held that this part of the Lanham Act violates the First Amendment because it discriminates based on viewpoint.

Question presented

Whether Section 1052(a)'s prohibition on the federal registration of "immoral" or "scandalous" marks is facially invalid under the Free Speech Clause of the First Amendment.

Case path

United States Court of Appeals for the Federal Circuit / Decision released Jun 24, 2019

Area

First Amendment

Timing

Decided June 24, 2019

The Court released its decision on June 24, 2019 without hearing oral argument.