Are ‘Bad’ Marks Good for Business? Implications of the Supreme Court’s Approval of Scandalous & Immoral Trademarks

Vera Golosker

Vera Golosker is Counsel, Business & Legal Affairs at Metro-Goldwyn-Mayer Studios, where she works on development in the unscripted television division. Vera is Vice Chair of the Association of Media and Entertainment Counsel’s Emerging Leaders Board and Chair Emeritus of the IP Section of the Beverly Hills Bar Association.

Introduction

As companies strive to stand out to catch consumers’ attention, a risqué brand name may just do the trick. Whether attracted or offended, potential customers are likely to notice a salacious mark, and, after a landmark U.S. Supreme Court decision, companies can now register a scandalous brand name without running afoul of federal trademark law.