HILARY J. SUMNER
Creating Assets from Innovations

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IP In the News

"Scandalous" trademarks on the Heels of Matal v. Tam

Posted on September 26, 2018 at 5:10 PM

Proctor & Gamble has recently filed two trademark applications for  "WTF" and "FML" - two colorful acronyms containing the word "F*CK".  These marks would have formerly been rejected on the basis that they are "scandalous" or "immoral;"  however, recent decisions validating registration of THE SLANTS (a band with Asian members) and REDSKINS (an NFL team) has changed the trademark landscape. A recent Federal Court decision noted, "the First Amendment protects private expression, even private expression which is offensive to a substantial composite of the general public,” holding that FUCT is a registerable trademark.

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Categories: TRADEMARK ARTICLES

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