The U.S. Supreme Court ruled in favor of Erik Brunettiās streetwear brand FUCT today, involving a First Amendment challenge to a provision of the Lanham Act prohibiting the registration of āimmoral or scandalousā trademarks.
Brunetti applied for federal trademark registration for his FUCT ā FRIENDS U CANāT TRUST brand, which may sound like the F-word. However, the U.S. Patent and Trademark Office determined that FUCT was a ātotal vulgarā and āunregistrableā under the Lanham Act.
Writing for the majority in a 6-3 decision, Justice Elena Kagan held that āthe āimmoral or scandalousā bar similarly discriminates on the basis of viewpoint and so collides with this Courtās First Amendment doctrine.ā
This case is not only a big win for fashion entrepreneurs seeking to protect and promote their brands, but as the Fashion Law Institute pointed out, itās also āa sign of streetwear’s rapidly growing cultural influence.ā
Read the U.S. Supreme Courtās full opinion for Iancu v. Brunetti here.
Photo Credit: FUCT