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

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in the state, with penalties of up to $10,000 per violation.

Sarah Arabic Makes Her Elegant Angel Debut

Sarah Arabic has made her debut for Elegant Angel alongside multi-XMAs winner Seth Gamble in a release directed by Sid Knox.

Keke Lou Makes Her WIFEY Debut

Keke Lou has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband, Moses, and Chocolate Rod.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

Lilly Bell, Gizelle Blanco Lead Latest From Girlsway

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Gizelle Blanco in the latest Girlsway release, titled “Door-to-Door Seduction.”

Romi Rain Fronts Latest From New Sensations

Multi-XMAs winner Romi Rain stars with Ken Feels and Nick Strokes in the latest release from New Sensations.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Amy Nosferatu, Bobbii Rose Lead Latest From TransAngels

Amy Nosferatu and Bobbii Rose star in the latest release from TransAngels, titled "Hot Loads Only."

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Metro Distributors Taps Nancy Cosimini for Sales Account Manager

Metro Distributors has hired industry veteran Nancy Cosimini as its newest sales account manager.

Show More