Trademarks in the U.S. may soon be getting a lot more scandalous. According to Michael Palmisciano of Sullivan & Worcester, the U.S. Court of Appeals for the Federal Circuit is set to reconsider whether banning “smutty” or “immoral” trademarks violates the First Amendment.
Recently, the Federal Circuit upheld the U.S. Patent and Trademark Office’s decision to refuse to register the trademark “The Slants,” citing Section 2(a) of the Lanham Act as the basis for the ban. It says that trademarks shall be rejected from registration if they consist of “immoral, deceptive or scandalous matter” that disparages people or institutions, bringing them into “contempt or disrepute.” But now, the court is reconsidering that judgment.
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