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.
If the Federal Circuit rules for mainstream clothing line FUCT and allows trademark registration, a decision could amount to a sea change curtailing the Patent and Trademark Office’s powers to refuse and cancel registrations.
