In re Brunetti
United States Court of Appeals for the Federal Circuit
877 F.3d 1330 (2017)
Relevant factsFree
Erik Brunetti (plaintiff) sought to register "FUCT" as a trademark for apparel; the examining attorney refused registration under § 2(a) of the Lanham Act as immoral or scandalous, and the Trademark Trial and Appeal Board affirmed. Brunetti appealed, challenging both the sufficiency of the evidence and the constitutionality of § 2(a) itself.
IssueFree
Whether the Lanham Act's prohibition of marks that are immoral or scandalous is unconstitutional under the First Amendment.