This mark would be perceived by a substantial segment of the public as the equivalent of the profane past participle form of a well-known word of profanity and perhaps the paradigmatic word of profanity in our language.
— Deputy Solicitor General Malcolm Stewart, during oral arguments before the Supreme Court, as he eloquently attempted to sidestep and describe “FUCT,” the name of the fashion brand at issue in the trademark case before the high court. The Lanham Act bans registration of “immoral … or scandalous matter,” and designer Erik Brunetti claims this unconstitutionally infringes upon his right to free speech.
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Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.