Should Erik Brunetti be allowed to register FUCT for clothing?
If you seem to remember that question already being answered, you’re right, but it’s still going to be argued at the United States Supreme Court [SCOTUS] this morning. Here’s the really short version of the history of this issue.
- In 2017, SCOTUS held that it’s a violation of the right to freedom of speech under the First Amendment to refuse to register THE SLANTS because it’s disparaging.
- Soon after SCOTUS ruled, the United States Court of Appeals ruled that it’s also a violation of the First Amendment to deny of Mr. Brunetti’s application to register FUCT because it’s “immoral or scandalous.”
I predicted that Mr. Brunetti’s application would move forward as a result of the Court of Appeals ruling.
I did not foresee that the Trademark Office would appeal the Court of Appeals ruling to SCOTUS. Why in the world would you appeal a ruling made on the basis of a just-made precedential finding?
Because there are new justices on the Supreme Court.
I guess we’ll see if the changes to the justices will result in a change to the ruling.