The U.S. Supreme Court ruled in favor of Erik Brunetti’s streetwear brand FUCT today, involving a First Amendment challenge to a provision of the Lanham Act prohibiting the registration of “immoral or scandalous” trademarks.

Brunetti applied for federal trademark registration for his FUCT – FRIENDS U CAN’T TRUST brand, which may sound like the F-word. However, the U.S. Patent and Trademark Office determined that FUCT was a “total vulgar” and “unregistrable” under the Lanham Act.

Writing for the majority in a 6-3 decision, Justice Elena Kagan held that “the ‘immoral or scandalous’ bar similarly discriminates on the basis of viewpoint and so collides with this Court’s First Amendment doctrine.”

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, it’s also “a sign of streetwear’s rapidly growing cultural influence.”

Read the U.S. Supreme Court’s full opinion for Iancu v. Brunetti here.

Photo Credit: FUCT

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