Offensive TM Rule Is Unconstitutional, Fed. Circ. Rules

Law360, New York (December 22, 2015, 11:51 AM EST) -- A split en banc Federal Circuit ruled Tuesday that the federal government's ban on "disparaging" trademark registrations violates the First Amendment, striking down the same provision that was used to revoke the Washington Redskins' trademark registrations.

The Federal Circuit's Dec. 22 ruling in a case filed by members of the band The Slants strikes down the provision of the Lanham Act that was used against the Washington Redskins in the team's own trademark dispute. (Credit: AP) The ruling, which came in a separate case filed by members of a band called The Slants who were refused a registration on their name...

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