IP News: Supreme Court Strikes Down Ban On Registration of Trademarks Containing “Immoral” or “Scandalous” Matter

Recently in IP Law News: A Supreme Court verdict in the case of Iancu v. Brunetti struck down as unconstitutional the Lanham Act’s longstanding ban on trademark registration of “immoral” or “scandalous” matter.

Justice Elena Kagan indicated in her written opinion on behalf of the court that the statute in question is unconstitutional because it gives preference to one set of ideas over another, favoring “conventional moral standards” against departure from same, in a way that results in  viewpoint-biased and discriminatory trademark examination; a trademark’s allowability for registration shouldn’t be contingent on what scandalizes the Examiner.

This was an expected development following the precedent set by a similar case two years ago, Matal v. Tam, that overturned the Lanham Act’s related prohibition of trademarks that include “disparaging” matter as unconstitutional on First Amendment grounds.

Read the full article here!