Offensive Trademark Ban Going Down? It Probably Should Not

Law360, New York (October 17, 2016, 12:29 PM EDT) -- Jane Shay Wald

Susan L. Heller In its Sept. 29, 2016, article "Offensive Trademark Ban Going Down? It Probably Should," Law360 reported on the U.S. Supreme Court's grant of certiorari in In re Tam. The Supreme Court will decide whether to uphold the Federal Circuit's finding that Lanham Act's Section 2(a), barring registration of "disparaging" marks, violates the First Amendment. The Law360 article noted that many trademark lawyers "will be fine" with a result striking down Section 2(a) as unconstitutional. That may be. But many other trademark lawyers will not be fine with this result, believing the provision barring registration of...

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