A ban on immoral and scandalous trademarks impermissibly denies a government benefit based on viewpoint - the substance of ideas, not only the mode of expression. This means that the Patent and Trademark Office (PTO) cannot deny a trademark to Erik Brunetti’s FUCT clothing line simply because it is immoral or scandalous. Brunettithat a federal statute barring “immoral or scandalous” trademarks violates the First Amendment. The Supreme Court decided today in Iancu v.
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