In a blog post for IPWatchdog, Debevoise lawyers David H. Bernstein, Jeremy Feigelson and Pooja Boisture break down their takeaways from oral arguments in Iancu v. Brunetti, addressing the likely outcome of the case.

“The Court seems likely to strike down, on First Amendment grounds, the statutory restriction on federal registration of trademarks that are ‘immoral or scandalous,’” the authors explain. “It seems less likely that the case will generate a clear and ringing statement of First Amendment principles.”

The court will issue its opinion by the end of the term in June, if not before.

Tam 2.0? SCOTUS Likely to Strike Down Bar on Immoral/Scandalous Marks in Iancu v. Brunetti
By David H. Bernstein, Jeremy Feigelson and Pooja Boisture
April 16, 2019