'FUCT' trademark ruling Supreme Court smoothes the path for Thunderpussy trademark02-07-2019 Print this page
Forbes.com: "Nearly a year ago, I wrote that it was time for the United States Patent and Trademark Office to grant the requested trademark for the all-female rock band, Thunderpussy. Well, now it's really, really time as the Supreme Court has struck down the federal law that prohibited the registration of “immoral or scandalous” ideas as unconstitutional.
In Iancu v. Brunetti, the court sided with Erik Brunetti, a Los Angeles clothing designer, who has been fighting to trademark the name of his brand FUCT for many years. [...] Dissenting in part, Chief Justice John Roberts and Justices Stephen Breyer and Sonia Sotomayor agreed regarding “immoral,” but would have upheld the ban on “scandalous, with Justice Breyer asking (and answering), “How much harm to First Amendment interests does a bar on registering highly vulgar or obscene trademarks work? Not much.” He wrote that because brands could still use the terms in marketing and on their products, there is no First Amendment violation.
Thunderpussy is grateful for the Supreme Court's decision, though the band knows the granting of their trademark is still not guaranteed. "It is possible for the US Patent & Trademark Office (USPTO) to rule against us on other grounds if they so choose," the band wrote in a joint statement. "But the ruling certainly gives us hope!” [...]"
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