Some argue that trademark law and “community standards” were redefined after a recent Supreme Court ruling. Erik Brunetti, the founder of a clothing brand established in 1990, sought to trademark his company’s name, an acronym for “Friends U Can’t Trust.”

Trademark Application Denied

In 2011, Brunetti applied for a trademark for his brand’s name. However, the United States Patent and Trademark Office (USPTO) rejected his request, citing the Lanham Act, which prohibits trademarks deemed “scandalous” or “immoral.” The USPTO ruled that the brand’s name was vulgar and could not be officially registered under existing trademark law.

Supreme Court Ruling on Trademark Law

Brunetti appealed, and the case, Iancu v. Brunetti, reached the Supreme Court (SCOTUS). The Court ultimately overturned the decision, ruling that the Lanham Act’s prohibition on offensive trademarks was overly broad and violated free speech protections under the First Amendment.

Justice Elena Kagan, writing for the majority, acknowledged that while some may find the brand name offensive, others may not. The Court determined that the trademark law in question discriminated based on viewpoint, which is unconstitutional. The ruling reinforced the principle that the government cannot deny trademarks solely because they may be considered offensive by some.

A Shift in Legal Interpretation

This case echoes past Supreme Court decisions on obscenity, including Roth v. United States, which defined obscene material based on “contemporary community standards.” Justice William Brennan’s well-known phrase, “I’ll know it when I see it,” was not explicitly cited, but the ruling suggests that subjective interpretations of offensive language cannot dictate trademark law.

Protect Your Trademark Rights

This decision sets a precedent for future trademark applications involving potentially controversial names. If you need guidance on securing your trademark while navigating legal challenges, contact our experienced trademark law attorney. We can help ensure that your intellectual property is legally protected.