Some circumstances defy expectations. In Re: Erik Brunetti is strictly a type of circumstances. Brunetti sought to register his clothes model’s trademark with the US PTO. However, his trademark software was rejected because of part 2(a)’s prohibition on immoral and offensive logos. After all, his model identify is FUCT.
Surprisingly although, the Court of Appeals for the Federal Circuit dominated that part 2(a) was unconstitutional as an impermissible First Amendment restriction. It held that the restriction on immoral or offensive marks was a content material based mostly restriction that might not move strict scrutiny. And if that is not stunning sufficient, the opinion is stuffed with an enchanting dialogue of trademark morality.
Below, you’ll be able to learn a number of the highlights from the case.