WTF? Round Two: The Federal Circuit Grants Brunetti (and Trademark Owners) a Reprieve

In August, the Federal Circuit issued a surprisingly self-critical ruling in the long-standing dispute between Erik Brunetti and the USPTO over Brunetti's efforts to register the term F*CK for a wide variety of goods and services. The Federal Circuit concluded that the Board's decision in In re Brunett lacked sufficient clarity and therefore vacated it for further proceedings, which although facially unremarkable, may not only prove to be a boon to Brunetti, it may also be highly beneficial to many trademark owners who have been forced to wrestle with failure-to-function refusals.