Have you heard of the fashion brand “FUCT”?
Or more importantly, have you heard of the federal law that prevents officials from registering “scandalous” or “immoral” trademarks?
Los Angeles artist Erick Brunetti founded the streetwear clothing line and has been battling with the Supreme Court to get it trademarked. They announced their decision Monday, allowing the brand to trademark and gain a victory over the court.
But it wasn’t without a battle, fighting on the basis that the immoral or scandalous bar is substantially overboard. Where Justice Elena Kagan even suggested that a narrower law just covering lewd, sexually explicit, or profane trademarks might be acceptable.
Brunetti could still have used the name if he was denied a trademark registration, he just wouldn’t get the benefits that come with registering a trademark.
In the courts ruling, they stated how the law violates the first amendment’s protections for free speech and that deciding whether trademarks are “immoral” means discriminating “on the basis of viewpoint”.
Congratulations to Erick Brunetti and his brand, and get ‘fuct’ Supreme court.
Thirsty? pic.twitter.com/F5WYTAoERq
— FUCT®️ (@FUCT) March 12, 2019
