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Legal Principle at Issue

Whether the bar of “immoral or scandalous” for registration of marks violates the First Amendment and hence is unconstitutional.

Action

The Supreme Court held the Lanham Act’s prohibition on registration of “immoral[ ] or scandalous” trademarks violates the First Amendment. The vote was 9-0 on the “immoral” issue and 6-3 on the “scandalous” issue.

Facts/Syllabus

"Respondent Erik Brunetti sought federal registration of the trademark FUCT. The Patent and Trademark Office (PTO) denied his application under a provision of the Lanham Act that prohibits registration of trademarks that “[c]onsist[ ] of or comprise[ ] immoral[ ] or scandalous matter,” 15 U. S. C. §1052(a). Brunetti brought a First Amendment challenge to the “immoral or scandalous” bar in the Federal Circuit, which invalidated the provision."