Supreme Court Ruling Upholds Right to Register 'Immoral,' 'Scandalous' Trademarks

Supreme Court Ruling Upholds Right to Register 'Immoral,' 'Scandalous' Trademarks

WASHINGTON, D.C. — The Supreme Court struck down today a federal law provision banning the registration of "immoral" or "scandalous" trademarks, calling it an infringement of the First Amendment, but Judge Alito called for Congress to legislate more explicitly against what he considers "vulgar" terms.

“The justices' ruling clears the way for a clothing designer to apply for a federal trademark for his clothing line called FUCT,” CNN reported.

Justice Elena Kagan wrote the majority opinion. The ruling was unanimous in part and 6-3 in part. Kagan was joined by Justices Clarence Thomas, Ruth Bader Ginsburg, Samuel Alito, Brett Kavanaugh, and Neil Gorsuch in full, while Chief Justice John Roberts and Justices Stephen Breyer and Sonia Sotomayor dissented in part.

"We hold that this provision infringes the First Amendment," Kagan wrote, because it "disfavors certain ideas."

The ruling, according to CNN, “could open the doors to more requests to register words or phrases that have been considered vulgar, a concern that the court's minority feared.”

Justice Alito, however, suggested Congress should legislate to more explicitly prevent people from trademarking “vulgar terms,” which he apparently thinks do not play real part in ideological debates.

For the Conservative Justice, nominated by George W. Bush in 2006, Congress should define “vulgar terms” as words that “further coarsen our popular culture.”

FUCT owner, Erik Brunetti, named his brand in 1990 allegedly “to question authority.” Brunetti claims the made-up word, homophone for “fucked,” is actually an acronym for “FRIENDS U CAN'T TRUST."

Brunetti attempted to register his trademark in 2011, but the United States Patent and Trademark Office refused him.

The Patent Office, according to the CNN report, told Brunnetti that FUCT was “the ‘phonetic equivalent’ of the past tense of a vulgar word, and determined that federal law prohibits the registration of trademarks that consist of ‘scandalous’ subject matter.”

"This decision represents a significant victory for First Amendment rights, and will provide broad opportunity for adult businesses that use explicit brand names," Lawrence G. Walters, First Amendment attorney and owner of Walters Law Group told XBIZ. "Some of our clients have been waiting for this decision for many years. The idea that the USPTO could deny trademark registration based on a moral viewpoint has always conflicted with free speech rights. This case finally puts any doubt about that issue to rest."

"The opinion itself," Walters continued "is important for First Amendment jurisprudence going forward, particularly in viewpoint discrimination cases. As Justice Alito said, 'viewpoint discrimination is poison to a free society.' The Court made clear that the First Amendment will not tolerate government censorship based on viewpoint."

The Supreme Court Justices were more concerned with the wording of the federal law, which could be interpreted as preventing “the expression of ideas.”

Kagan’s opinion stressed that the law "does not draw the line at lewd, sexually explicit, or profane marks,” but could be applied to "the universe of immoral or scandalous" material. "A law disfavoring 'ideas that offend' discriminates based on viewpoint, in violation of the First Amendment," wrote Kagan.

According to CNN, the partial dissent, by Chief Justice Roberts and Justices Breyer and Sotomayor, “would have saved part of the statute that prohibits ‘scandalous’ trademarks. Breyer said he would do so because "these attention-grabbing words" may lead "to the creation of public spaces that many will find repellant, perhaps on occasion creating the risk of verbal altercations or even physical confrontations."

"Just think about how you might react if you saw someone wearing a t-shirt or using a product emblazoned with an odious racial epithet,” Breyer wrote.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Cherry Kiss, Ella Reese Star in Latest From Bellesa Plus

Multi XMAs-winner Cherry Kiss stars with Ella Reese in a new release from Bellesa Plus.

Honey's Place, Paradise Sign 'Illumination' Distro Deal

Honey's Place has signed a deal with pleasure brand Paradise to distribute its Illumination line of light-up, app-controlled vibrators.

Ravyn Alexa, Jasmine Sherni Lead Latest From Brazzers

Ravyn Alexa and Jasmine Sherni star with Scott Nails in the latest release from Brazzers, titled "Hot Tomboy Gets the DILF."

Jade Venus, Cliff Jensen Star in Latest From TransSensual

Jade Venus and Cliff Jensen star in the latest release from Mile High Media studio imprint TransSensual, titled "Locked In."

Gender X Debuts Jim Powers' Limited Series 'Trans Realtors'

Gender X Films has debuted the first installment of director Jim Powers’ limited series "Trans Realtors."

Sage Makes Her WIFEY Debut

Sage stars with her husband Onyx and Parker Ambrose in the latest release from Vixen Media Group studio imprint WIFEY.

Candie Luciani, Reina O'Hara Lead World Cup-Themed Collab From Fit 18/Immoral Productions

Candie Luciani and Reina O’Hara star in a World Cup-themed collaborative release from Fit 18 and Immoral Productions.

Lawsuit Alleging Meta Pirated VMG Content Will Move Forward

A U.S. district court on Thursday rejected Facebook parent company Meta’s motion to dismiss a suit by Vixen Media Group owner Strike 3 Holdings, which accuses Meta of pirating VMG content to train its artificial intelligence models.

Elly Clutch Stars in Latest From Brazzers

Multi-XMAs winner Elly Clutch stars with Ricky Johnson in the latest release from Brazzers, titled "Rise & Grind."

Playboy Partners With Creator Platform Tango

Playboy has partnered with creator platform Tango, introducing Playmates to the livestreaming service.

Show More