In Bonus Episode 110A, Tamera and Gordon dive into the SCOTUS decision in Iancau v. Brunetti. Mr. Brunetti attempted to register the trademark F.U.C.T. for clothing items. His registration was denied because of a section of the Lanham Act that prohibited trademark registration for marks deemed “immoral” or “scandalous.”
On June 25, 2019, in a 6-3 ruling, the Supreme Court struck down the “immoral” or “scandalous” section of the Lanham Act as discriminating on the basis of viewpoint and violating the First Amendment. Writing for the Court in the Majority opinion, Justice Kagan states: “It distinguishes between two opposed sets of ideas: those aligned with conventional moral standards and those hostile to them; those inducing societal nods of approval and those provoking offense and condemnation. This facial viewpoint bias in the law results in viewpoint discriminatory application.”
Listen to Episode 110A for Tamera and Gordon’s thoughts on the case.
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