Legal Opinion
In Re: Erik Brunetti
Court of Appeals for the Federal Circuit
Decided December 15, 2017No. 2015-1109PublishedCited by 12 opinions
1Opinion of the Court
Concurring opinion filed by Circuit Judge Dyk.
MOORE, Circuit Judge.
Erik Brunetti appeals from the decision of the Trademark Trial and Appeal Board (“Board”) affirming the examining attorney’s refusal to register the mark FUCT because it comprises immoral or scandalous matter under 15 U.S.C. § 1052(a) (“§ 2(a)”). We hold substantial evidence supports the Board’s findings and it did not err concluding the mark comprises immoral or scandalous matter. We conclude, however, that § 2(a)’s bar on registering immoral or scandalous marks is an unconstitutional restriction of free speech. We therefore…
2Cases cited68 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Perry v. SindermannSupreme Court of the United States · 1972
- Roth v. United StatesSupreme Court of the United States · 1957
- Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
- Miller v. CaliforniaSupreme Court of the United States · 1973
63 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Iancu v. BrunettiSupreme Court of the United States · 2019
- Vugo, Inc. v. City of New YorkCourt of Appeals for the Second Circuit · 2019
- ACA CONNECTS - AMERICA'S COMMUNICATIONS ASSOCIATION v. FREYDistrict Court, D. Maine · 2020
- August Storck KG v. Florend Indústria e Comércio de Chocolates LTDA, Trademark Trial and Appeal Board2026
- Iancu v. BrunettiSupreme Court of the United States · 2019
7 more not listed; retrieve them via the Exa API.