In re Brunetti
United States Court of Appeals for the Federal Circuit
877 F.3d 1330 (2017)
Erik Brunetti (plaintiff) sought to register the mark “FUCT” as a trademark for apparel. The examining attorney refused the registration on the grounds that the mark violated the Lanham Act’s § 2(a) prohibition against registration of marks that are immoral or scandalous. The Trademark Trial and Appeal Board (the board) affirmed the refusal to register. Brunetti appealed, arguing that the evidence did not support the finding that the mark was scandalous and also challenging the constitutionality of § 2(a).
Rule of Law
Holding and Reasoning (Moore, J.)
Concurrence (Dyk, J.)
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