SCOTUS Strikes Down
Law Prohibiting 'Scandalous'
and 'Immoral' Trademarks The federal law was
struck down as a violation
of the First Amendment. The case challenging
the law centered on
the name of a clothing brand, which uses an acronym for
FRIENDS U CAN'T TRUST. Erik Brunetti was denied a
trademark when he sought
to register his brand in 2011. Writing the majority opinion,
Justice Kagan wrote that the
law "disfavors certain ideas." The ruling was
unanimous in regards
to the word "immoral." However, the court
was split 6-3 in regards
to prohibiting
"scandalous" trademarks. Dissenting in part,
Justice Breyer asked how one
would react if they saw "a product
emblazoned with an odious racial epithet." The decision leaves
open the option for
Congress to "adopt a more
carefully focused statute."