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Expert Analysis

What High Court Free Speech Ruling Means For TM Applicants

By Rob Litowitz, Jason Joyal and Sara Copeland Parker (June 26, 2019, 2:56 PM EDT) -- Two terms ago, the U.S. Supreme Court dropped the first shoe on the issue of whether trademarks deserve First Amendment protection. In the Slants case (Matal v. Tam), the court declared unconstitutional the Lanham Act's ban on registering marks that "disparage" any "person[], living or dead."[1] The court, however, passed on whether the Lanham Act's bans against "immoral" and "scandalous" marks would still pass constitutional muster....

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