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Expert Analysis

A Look At Constitutional Challenges To Redskins Decision

Law360, New York (September 10, 2014, 10:23 AM EDT) -- After decades of relative obscurity, Section 2(a) of the Lanham Act — which prohibits federal registration of scandalous and disparaging trademarks — was brought to the forefront in the Redskins trademark dispute, a lengthy saga that involves more than 20 years of litigation and highly emotionally and politically charged public debate. The dispute culminated when the U.S. Patent and Trademark Office canceled federal registration for several "Redskins" trademarks as disparaging to Native Americans in Blackhorse v. Pro-Football Inc....

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