The government should not be in the business of deciding what is moral, immoral or offensive. The section of the trademark act in question in this ca… - Marc Randazza

Brunetti does not necessarily create an automatic sea-change in the federal trademark registration regime. We will need to see what the USPTO does in the short term in response to the decision. If it allows previously “immoral or scandalous” marks to proceed to registration, then we should expect to see a flood of trademark applications for years' worth of a backlog of improperly-denied registrations. If the USPTO keeps sitting on its hands, however, that rush will likely be delayed until the Supreme Court (if it takes the case) decides the issue.

Most might think that in America, you can freely publish what you wish, then (and now) an over-zealous prosecutor can put you on trial simply because the government does not like your art. And, there is no way to know if your content is “obscene” and thus punishable by prison, until after a jury rules that it is so.

In diversity cases where there is a conflict between the laws of the states of the parties, the federal court has to determine which state's laws to apply. New York federal courts will use a multi-factor test to determine which state has the "most significant relationship" to the legal dispute, and will use that state's laws.