Offensive Trademark Ban Going Down? It Probably Should
By Bill Donahue (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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!