Today the United States Supreme Court issued a ruling in Iancu v. Brunetti. In doing so, they greatly expanded the kinds of trademarks that can receive federal protection. For the longest time the Langham Act, which governs federal trademark law, barred the registration of acts deemed disparaging, immoral, or scandalous. In 2017, this list was struck a blow when the court rules that banning protection for disparaging marks violated the First Amendment.
Erik Brunetti sought to trademark his clothing brand FUCT. It was rejected as immoral. A majority held that this constituted viewpoint discrimination, making it an unconstitutional constraint on free speech.
As of today there is a broader range of trademarks that can be protected. But that doesn’t make filing and obtaining this protection any easier. If you or your business need to file for trademark protection, The Law Firm of Dillon McCarthy is ready with the knowledge you need.