You Can’t Say That on TM
Last month, the United States Supreme Court heard oral argument in Iancu v. Brunetti, 18-302, a fascinating case examining the intersection of the First Amendment and federal trademark law. At issue is whether Section 2(a) of the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” trademarks is facially unconstitutional under the First Amendment. To understand the implications for Iancu, a little background is necessary. First, trademarks. Trademarks [...]