Lanham Act—Immoral or Scandalous Marks

Iancu v. Brunetti, No. 18-302

Section 2(a) of the Lanham Act provides that a trademark may be issued if it “[c]onsists of or comprises immoral … or scandalous matter.” After the Federal Circuit held these provisions to violate the First Amendment’s Free Speech Clause on its face, the federal government asked the Supreme Court to review the statute’s legality. The Court today granted the government’s petition.