Offensive Trademark Ban Going Down? It Probably Should

Law360, New York (September 29, 2016, 9:50 PM EDT) -- If the U.S. Supreme Court strikes down the federal government's ban on offensive trademarks, don't expect much mourning from either trademark or First Amendment experts, who say the rule has never really made much sense under either discipline.

If the Supreme Court does strike down the provision, one celebrant will be the Washington Redskins, which saw its registrations revoked because they were disparaging to Native Americans. (AP) The justices granted certiorari Thursday in a case that would allow them to do just that: rule that the Lanham Act's Section 2(a) and its ban on "disparaging" trademark registrations violates the First Amendment. The...

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