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 © 2025 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

So Divine Pleasure Products Now Available Through Currys

U.K.-based electronics retailer Currys is now carrying products from pleasure brand So Divine.

New EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Spicerack Launches 'SpicyFanz' Creator Monetization Platform

Adult product marketplace Spicerack Market has launched its SpicyFanz creator monetization platform.

Connie Perignon Headlines Latest From Brazzers

Connie Perignon stars with Nick Strokes in the latest release from Brazzers, titled “Wanting Your Stepmom's Bubble Bath Body.”

Adult Time Releases New Installment of 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload."

Krystal Sparks Fronts Latest From MYLF

Krystal Sparks stars with Juan Loco in the latest scene from MYLF, titled “Cultural Penetration.”

Willow Ryder Stars in Latest From New Sensations

Willow Ryder stars with Will Pounder in the latest release from New Sensations.

Orion Debuts 'Velvet Luxury Bed' Sex Machine From You2Toys Line

Orion Wholesale has introduced the Velvet Luxury Bed sex machine from its You2Toys line.

Dorothy Black, Jasmin Jayne & Lily Blossom Share the Spotlight in Latest From MixedX

Dorothy Black, Jasmin Jayne, and Lily Blossom star in the latest release from MixedX, titled "A Glimpse of Lost Youth."

MyHixel Debuts ED 'Ring'

Men's sexual wellness brand MyHixel has introduced its new ED Ring.

Show More