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A Californian man whose company bears a provocative name hopes that the US Supreme Court will rule against a trademark law that, in his view, infringes his freedom of expression.
The fashion brand at the center of the audience is "F – T" – the acronym for "Friends You Do not Trust". The US Patent and Trademark Office denied the mark in 2014, saying that it was in bad taste. The owner of the mark, Erik Brunetti, claimed that the decision denied him his first amendment rights.
Judge Andrew Napolitano, a legal analyst at Fox News, explained Tuesday the "Fox & Friends" case: "I like these arguments because they push the First Amendment to its limits."
Brunetti's lawyer appeared in the Supreme Court on Monday to challenge a federal trademark law that allows officials to refuse brands they consider "scandalous" or "immoral."
CALIFORNIA A MAN DEFENDS FEDERAL RIGHT REFUSING THE "IMMORAL" BRAND FOR A BRAND OF CLOTHES
"We all know what the acronym stands for and we all know what it looks like and, quite frankly, when he was before the Supreme Court yesterday, nobody used that term. The ninth judges and the lawyers did not do it, "said Napolitano in" Fox & Friends ".
He added: "What was scandalous at the time the law was written 75 years ago may not be anymore. So, that's actually what was discussed yesterday. "
The government defends the century-old provision on trademarks, stating in court documents that the law encourages trade-marks that are suitable for all audiences. The position of the United States is that the measure does not restrict speech, but refuses to promote it.
"In this case, with this acronym that shocks some people, the Trademark Office said no, the trial court said no, the court of appeal said yes and the Supreme Court l 39; now, "said Judge Nap.
"Prediction, they will say" yes "because this court under John Roberts has extended the protection of the first amendment."
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Napolitano then explained the First Amendment in these terms: "The law can not be precise. It can not be said that this language is protected and that language is not. What does the first amendment say? Congress will make no laws restricting the freedom of expression, so the benefit of the doubt must always be on the side of the speaker. It is up to the government to prove that something is wrong in a speech. "
The Los Angeles-based apparel brand, which began in 1991, can still operate under Brunetti's unbranded brand name, but it would not be able to tackle the counterfeiters that are making its creations fall. Napolitano joked that there was a good side for Brunetti, even if he does not get the result he wants in court.
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"This guy sells t-shirts, sweatshirts and running pants," Napolitano said. "I'll tell you what's great in this area, more free advertising than he could have imagined even if he lost the case. So, he's a good businessman.
Associated Press contributed to this report.
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