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Judge Nap: Supreme Court ruling on provocative brand name will push "the First Amendment to its limits"



A California man whose company carries a provocative name is hoping that the U.S.

The fashion brand at the center of the hearing is "F – T" – an acronym for "Friends You Can't Trust." The United States Patent and Trademark Office denied the trademark in 2014 saying it was in bad taste. The owner of fire, Erik Brunetti, argued the decision of his First Amendment rights

Judge Andrew Napolitano, a Fox News legal analyst, weighed in on the case of "Fox & Friends" Tuesday saying, "I love when these things are argued because it pushes the First Amendment to its limits. ”

Brunetti's lawyer appeared before the Supreme Court on Monday to challenge a federal trademark law that allows officials to refuse trademarks that they are" scandalous "or" immoral. " ] CALIFORNIA MAN CHALLENGES FEDERAL LAW REFUSING 'IMMORAL' TRADEMARK FOR CLOTHING BRAND

“We all know what the acronym is and we know what it sounds like and quite frankly when it was argued in the Supreme Court yesterday, nobody used the word. The ninth justices didn't and the lawyers didn't, ”Napolitano said on“ Fox & Friends. ”

He added:“ What was scandalous at the time the statute was written 75 years ago may not be scandalous now. , that's actually been argued yesterday. ”

The government is defending the century-old trademark commission, arguing in court documents that the law encourages trademarks that are appropriate for all audiences. speech, but rather declining to promote it.

"In this case, with this acronym that is offensive to some people, the trademark office said no, the trial court said no, the appellate court said yes and now the Supreme Court has it, "Judge Nap said.

" Prediction, they're going to say 'yes' because this particular court under John Roberts has expanded First Amendment protection. "

OLIVIA JADE'S TRADEMARK APPLICATION WAS REJECTED FOR PUNCTUATION BEFORE COLLEGE ADMISSIONS SCANDAL

Napolitano then went on to explain the First Amendment saying: "The law cannot be specific. It can't say this language is protected and this language is not. What does the First Amendment say? Congress shall make no law abiding the freedom of speech so the benefit of the doubt always has to be on the side of the speaker. It's the government's to prove there is something wrong with a speech. ”The Los Angeles-based clothing brand at issue, which started in 1

991, can still operate under Brunetti's chosen name without a trademark, but he should be able to go after counterfeiters who knock off his designs. Napolitano joked that there is a silver lining for Brunetti, even if it does not get the outcome he wants a court.

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Shirts and sweatshirts and running pants, ”said Napolitano. “I tell you what's more about this, more free publicity than it could have ever imagined. So he is a good businessman. ”

The Associated Press contributed to this report.


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