SCOTUS Strikes Down <br />Law Prohibiting 'Scandalous' <br />and 'Immoral' Trademarks The federal law was <br />struck down as a violation <br />of the First Amendment. The case challenging <br />the law centered on <br />the name of a clothing brand, which uses an acronym for <br />FRIENDS U CAN'T TRUST. Erik Brunetti was denied a <br />trademark when he sought <br />to register his brand in 2011. Writing the majority opinion, <br />Justice Kagan wrote that the <br />law "disfavors certain ideas." The ruling was <br />unanimous in regards <br />to the word "immoral." However, the court <br />was split 6-3 in regards <br />to prohibiting <br />"scandalous" trademarks. Dissenting in part, <br />Justice Breyer asked how one <br />would react if they saw "a product <br />emblazoned with an odious racial epithet." The decision leaves <br />open the option for <br />Congress to "adopt a more <br />carefully focused statute."
