Iancu v. Brunetti
Iancu v. Brunetti, No. 18–302, 588 U.S. ___ (2019), is a Supreme Court of the United States case related to the registration of trademarks under the Lanham Act. It decided 6–3 that the provisions of the Lanham Act prohibiting registration of trademarks of "immoral" or "scandalous" matter is unconstitutional by permitting the United States Patent & Trademark Office to engage in viewpoint discrimination, which violates the Free Speech Clause of the First Amendment.
| Iancu v. Brunetti | |
|---|---|
Supreme Court of the United States | |
| Argued April 15, 2019 Decided June 24, 2019 | |
| Full case name | Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office v. Erik Brunetti |
| Docket no. | 18-302 |
| Citations | 588 U.S. (more) 139 S. Ct. 2294; 204 L. Ed. 2d 714 |
| Argument | Oral argument |
| Case history | |
| Prior | In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017); cert. granted, 139 S. Ct. 782 (2019). |
| Holding | |
| The Lanham Act prohibition on the registration of "immoral" or "scandalous" trademarks infringes the First Amendment. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kagan, joined by Thomas, Ginsburg, Alito, Gorsuch, Kavanaugh |
| Concurrence | Alito |
| Concur/dissent | Roberts |
| Concur/dissent | Breyer |
| Concur/dissent | Sotomayor, joined by Breyer |
| Laws applied | |
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