Opinion: The Supreme Court discreetly ponders a brand name that hints at an obscenity, writes Hadley Arkes
A New York lawyer pointed out to me 40 years ago the long-settled understanding that one may not use an obscenity or profanity in the title of a company. The Supreme Court addressed that point last week in a case called Iancu v. Brunetti.
Erik Brunetti sought a trademark for a brand of streetwear he would call by the acronym for “Friends U Can’t Trust”—close enough to the F-word that the U.S. Patent and Trademark Office refused to register it. The usual cries came up—that the standards of judgment are incurably subjective, that if the law started making judgments of this kind, the government would have a license for censoring...
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