Megan M. Carpenter, University of New Hampshire

When’s a brand too scandalous to trademark?

That’s a question the Supreme Court will soon decide in a case that tests the constitutional limits of free speech.

I attended the oral argument on April 15, when lawyers representing streetwear clothing label FUCT argued the company has a right to register its brand as a trademark, which helps protect against copycats. The United States Patent and Trademark Office had rejected it on the grounds that FUCT is “immoral” and “scandalous.”

As a trademark attorney and scholar, I believe it’s time the … Read the rest