Moskin Comments on Case Challenging Constitutionality of Ban on Registration for Offensive Trademarks

Partner Jonathan Moskin was quoted in a Westlaw Journal Intellectual Property article, “Justices question if ‘Fuct’ trademark merits First Amendment protection,” about a pending Supreme Court case addressing the constitutionality of a statute prohibiting trademark registration for offensive trademarks.

Moskin noted a distinction between the statute’s prohibition of disparaging and scandalous marks. “Because the statutory provision does not bar offensive ideas, but merely how they are expressed, the statutory provision is more nearly viewpoint-neutral, and hence more likely to withstand scrutiny,” he said.