In a 6-3 decision, the Supreme Court on Monday sided with a Los Angeles designer who sought to trademark"FUCT" for his clothing line but was blocked by a federal law prohibiting registration of"immoral or scandalous" ideas."There are a great many immoral and scandalous ideas in the world ," wrote Justice Elena Kagan in the majority opinion."The Lanham Act covers them all. It therefore violates the First Amendment.
"Refusing registration to obscene, vulgar or profane marks does not offend the First Amendment," Roberts wrote in his dissent."Whether such marks can be registered does not affect the extent to which their owners may use them in commerce to identify goods."
And that’s free speech, it’s a wrap.
Another beer please
MORE: In a 6-3 decision, the Supreme Court sided with a designer over an allegedly offensive trademark. Chief Justice John Roberts and Justices Stephen Breyer and Sonia Sotomayor dissented in part.
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