Iancu v. Brunetti
Case Law- Country
- Country Location
Latitude: 39.778231903243785
Longitude: -100.8801256788983
- Country Location (Lié Case Law)
- United States
- Decision Date
- 24 juin 2019
- Case Status
- Affaire Résolue
- Case Outcome (Procedural)
- Affirmed Lower Court
- Case Outcome (Disposition)
- Law or Action Overturned or Deemed Unconstitutional
- Keywords
- Trademark
- Judicial Body
- Suprême (cour d'appel de dernière instance)
- Case Number
- 18-302
- Case Summary
The Supreme Court of the United States affirmed an appeals court ruling that the prohibition of “immoral” or “scandalous” trademarks under the Lanham Act (Act) constituted view-point discrimination in violation of the First Amendment. Fashion designer Erik Brunetti brought the challenge after his application to register the trademark FUCT was denied. The Court reasoned that the Act allowed trademarks that aligned with current social mores but rejected those that defied “society’s sense of decency or propriety.” In 2017 the Court struck down another provision of the of the Lanham Act in Matal v. Tam that prohibited the use of “disparaging” language in trademarks as unconstitutional.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source Name and URL
- Columbia Global Freedom of Expression