Scandalous Marks Ban Does Not Violate 1st Amendment, PTO Tells Supreme Court

Mealey's (February 21, 2019, 1:12 PM EST) -- WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals incorrectly found the Lanham Act’s prohibition on the registration of scandalous marks in violation of the First Amendment to the U.S. Constitution, the U.S. Patent and Trademark Office (PTO) argues in its Feb. 15 opening merits brief to the U.S. Supreme Court, arguing that the provision is viewpoint-neutral and, therefore, not unconstitutional (Andrei Iancu v. Erik Brunetti, No. 18-302, U.S. Sup.)....