The US government has refused to register the trademark fashion brand ‘FUCT’ on the grounds it is “scandalous” and “immoral”.
The Supreme Court in the US will hear on Monday Brunetti’s challenge to federal law that stipulates officials should refuse to register trademarks that are “scandalous” or “immoral”.
Brunetti countered the law, saying it is an unconstitutional restriction on speech.
Court papers argued that the law was not restricting speech, just declining to promote it.
FUCT has been in business since 1991, with founder Brunetti saying the name was designed for people to question whether the label was pronounced the way it looks.
Brunetti also argued that other brands that have been denied trademark registration under the “scandalous” provision were still able to use the words they wanted to register for their business, brand or non-profit, they just don’t receive the benefits that come with registering a trademark.
He also argued the trademark office had registered trademarks “far more offensive” than his.