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Hilary Sumner

Updated: Aug 24, 2023

Proctor & Gamble has recently filed two trademark applications for "WTF" and "FML" - two colorful acronyms containing the word "F*CK". These marks would have formerly been rejected on the basis that they are "scandalous" or "immoral;" however, recent decisions validating registration of THE SLANTS (a band with Asian members) and REDSKINS (an NFL team) has changed the trademark landscape. A recent Federal Court decision noted, "the First Amendment protects private expression, even private expression which is offensive to a substantial composite of the general public,” holding that FUCT is a registerable trademark.



UPDATE

The U.S. Supreme Court has ruled that the USPTO's policy of rejecting "scandalous" marks is a violation of the First Amendment, making such trademark refusals an unconstitutional violation of free speech.

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Updated: Aug 24, 2023


New EU legislation known as Article 11 and Article 13 was recently passed, requiring companies such as Facebook, YouTube and Google to take more responsibility and provide compensation for copyrighted material posted on their respective sites.  The law also limits how copyrighted material may be shared on online platforms. Google complains that this will chill creativity and freedom on the internet.


SUMNER IP LAW PLLC
336 Cumberland Street
Lebanon, PA 17042
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Email: hilary@sumneriplaw.com
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