In this Iancu v. Brunetti, the U.S. Supreme Court in 2019 invalidated a
provision of federal trademark law that prohibited “immoral or scandalous”
marks. The Court viewed the provision as sanctioning viewpoint
discrimination and also as substantially overbroad.
Trademarks Archives
Although parody, like satire, is generally recognized as protected speech under the First Amendment, the Supreme Court decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. ____ (2023), demonstrates that this is not always so when it comes to trademarking. The case, which was unanimously decided in an opinion written by