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California man challenges federal law rejecting "immoral" brand for clothing brand "FUCT"



A California man whose company bears a provocative name hopes that the US Supreme Court will rule against a trademark law that he claims to restrict his rights under the First Amendment.

A lawyer by Erik Brunetti, owner of "FUCT" clothing The brand will appear before the Supreme Court on Monday to challenge a federal labeling law that allows officials to use trademarks they claim to be "scandalous" or " immoral ", refuse.

Brunetti called the provision an unconstitutional restriction of speech, which should be repealed. He also said that the underlying process was arbitrary and that brands that were more aggressive than his could be approved, depending on who was involved with the case.

Brunetti's lawyer, John R. Sommer, argues that a Southern lawyer might find something "not beautiful," which would not trouble a Bronx lawyer.

This means "You can register profanity if you're lucky," and you'll get a lawyer who will allow it, he continued.

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The Los Angeles-based clothing brand, which was challenged in 1

991, can still be operated without a trademark. However, this could be costly. For example, Brunetti could not track counterfeiters who have cut off his designs.

The government defends the centuries-old trademark protection and argues in court documents that the law promotes trademarks that are suitable for all audiences. The position of the US is that the measure does not restrict the speech but rather rejects it in order to promote it.

In the past, however, there were remedies that could help Brunetti's case.

Two years ago, the judges had unanimously voided a related ruling provision of federal law that called for officials not to register derogatory marks. In this case, an Asian-American rock band sued after the government refused to register their band name "The Slants" because it was perceived as insulting to Asians.

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The Office, which also refuses to mark something similar to the existing ones, refused, "FUK! T "because it was scandalous and immoral – but also resembling the already registered" PHUKIT "" MIDDLEFINGER "" Was refused after "JONNY MIDDLEFINGER" had been registered, and "Ko Kane" became after the registration of "Kokanee"

If Brunetti wins, the public is unlikely to see any change, his lawyer said, and retailers will decide which products are right for their customers, and Brunetti will not be run by Target and Walmart, Sommer said.

The Associated Press contributed to this report.


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