In re Brunetti (Fed. Cir., August 26, 2025) 2023-1539
The opinion concerns an appeal by Erik Brunetti to the United States Court of Appeals for the Federal Circuit regarding the refusal to register the word "FUCK" as a trademark. The Trademark Trial and Appeal Board (Board) had previously affirmed the examining attorney's decision, citing that the word failed to function as a trademark because it is a widely-used, all-purpose expression that consumers would not perceive as a source identifier for goods and services. The Court of Appeals vacated and remanded the Board's decision, arguing that while the Board's factual findings regarding the…
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