Brunetti’s application for the mark FUCT for clothing will now be published for opposition. Some suggest that a certain British clothing company might oppose on Section 2(d) grounds. Or a competitor might challenge the mark on the ground that the term is a common meme or expression that consumers would not perceive as a source indicator.
In any event, based on my own decades of experience in trademark law, I doubt that this decision will have any significant impact on trademark practice. There are certainly other recent Supreme Court rulings whose impact dwarfs that of the Brunetti decision.
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Text Copyright John L. Welch 2019.