Fed. Circ. Will Weigh If Offensive TM Rule Is Unconstitutional

Law360, New York (April 27, 2015, 11:45 AM EDT) -- The Federal Circuit on Monday voided its own ruling upholding a federal ban on "disparaging" trademarks — the same rule that spelled doom for the Washington Redskins' trademarks — and said it would reconsider whether the provision violates the First Amendment.

A protest against the name of Washington, D.C.'s football team takes place outside of Lambeau Field in 2013. (Credit: AP) The unusual decision to rehear the case en banc — made sua sponte, or without any request from the parties — will allow the full court to weigh the constitutionality of the Lanham Act’s Section 2a, which prohibits the registration...

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