877 F.3d 1330 (2017)

IN RE: Erik BRUNETTI, Appellant.

United States Court of Appeals, Federal Circuit.

Decided: December 15, 2017.

Attorney(s) appearing for the Case

JOHN R. SOMMER , Irvine, CA, argued for appellant.

JOSHUA MARC SALZMAN , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for appellee Joseph Matal. Also represented by DANIEL TENNY , MARK R. FREEMAN , BENJAMIN C. MIZER ; NATHAN K. KELLEY , THOMAS L. CASAGRANDE , CHRISTINA HIEBER , MARY BETH WALKER , MOLLY R. SILFEN , THOMAS W. KRAUSE , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Concurring opinion filed by Circuit Judge Dyk.

Erik Brunetti appeals from the decision of the Trademark Trial and Appeal Board ("Board") affirming the examining attorney's refusal to register the mark FUCT because it comprises immoral or scandalous matter under 15 U.S.C. § 1052(a) ("§ 2(a)"). We hold substantial evidence supports the Board's findings and it did...

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