After Brunetti: The Trademark Bar Reacts to Fractured Decision
Mitch Stein provides his perspective on the Supreme Court’s decision in Iancu v. Brunetti. The article, "After Brunetti: The Trademark Bar Reacts to Fractured Decision," was published by IPWatchdog on June 25, 2019.
The Supreme Court issued its decision in Iancu v. Brunetti. As largely expected, the Court followed its own lead in Matal v. Tam and struck down the Lanham Act’s bar on “immoral or scandalous” trademarks as violating the First Amendment.
Mitch discusses how the Supreme Court is, in effect, stating that the marketplace, and not the government, should be the final arbiter of the commercial success or failure of a trademark.