Bar fight – Court knocks down prohibition against immoral or scandalous marks

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Abstract: Just last year, in Matal v. Tam, the U.S. Supreme Court opened the door to the registration of trademarks that could be considered offensive when it ruled that the disparagement clause in the federal trademark law was unconstitutional. This article discusses a decision from the U.S. Federal Circuit Court of Appeals that struck down the bar against the registration of trademarks that are “immoral or scandalous.” In re Brunetti, No. 15-1109, Dec. 13, 2017, Fed. Cir. Matal v. Tam, No. 15-1293, June 19, 2017 (U.S.)