Bloomberg Law
June 25, 2019, 10:16 PM

‘FUCT’ High Court Win Won’t Spawn Slew of Tawdry Trademarks

Kyle Jahner
Kyle Jahner
IP Reporter

The Supreme Court’s refusal to bar vulgar trademarks may open up a new world to pornography businesses but it probably won’t flood the market with profane brands, attorneys say.

Big brands are loathe to offend large segments of society, and shock value alone can’t drive smaller businesses, despite the government’s argument that trademark vulgarity creates “an evident risk of marketplace disruption,” attorneys said.

“You’re not going to walk down the aisle of the grocery store and see F--- Toothpaste. It’s just not good business sense,” IP attorney Joel G. MacMull, of Mandelbaum Salsburg PC, said.

The U.S. Patent and Trademark’s ...