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#*&!@ Trademarks?

What the....??? Recently, the Supreme Court unanimously held that the Trademark Office's ban on "immoral and scandalous" trademarks are unconstitutional. In In re Brunetti, SCOTUS rules that the section of the Lanham Act violated the First Amendment. Instead, this type of speech is not speech endorsed by the federal government and does not prevent a person/entity from using the mark. Instead the Trademark Office provides a registration system.

It will be interesting to see in the months following if there is a "rush" on the Trademark Office to register these previously "bad" marks.

See here for additional details.

See here for full opinion of the Court.

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