Congress May Not Bar Registration of "Immoral or Scandalous" Trademarks—But "Vulgar or Profane" Marks, Maybe

The Supreme Court rules that the bar on "immoral or scandalous" marks is viewpoint-based, but Chief Justice Roberts and Justices Breyer, Alito, and Sotomayor say that an exclusion of "vulgar or profane" marks would be viewpoint-neutral though content-based. (The other five Justices express no opinion on a hypothetical "vulgar or profane" mark ban.)

|The Volokh Conspiracy |