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Written February 28, 2019

The American Intellectual Property Law Association filed an amicus brief to the Supreme Court arguing that the Lanham Act ban against registering immoral and scandalous marks violates the Free Speech Clause of the First Amendment because it has a viewpoint-discriminatory effect. Iancu v. Brunetti, U.S., No. 18-302, amicus brief filed 2/25/2019.

In addition, the brief argued that the prohibition is unconstitutional because it does not reflect a substantial government interest that is advanced by an action that is no more extensive than necessary, citing Central Hudson Gas & Electric Corp. v. Public Service Comm’n of New York, 447 U.S. 557 (1980).
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