Opening Pandora's Trademark Box Resets Disparagement Bar

Law360, New York (January 29, 2016, 10:43 AM EST) -- Elizabeth H. Cohen

Thorne Maginnis In an opinion of potentially sweeping effect, the Court of Appeals for the Federal Circuit recently held that a key provision of the Lanham Act was unconstitutional under the First Amendment. In particular, the court's decision in In re Tam struck down a provision requiring the U.S. Patent and Trademark Office to refuse registration of any trademark deemed to be "disparaging." The court held that the provision was an unconstitutional "viewpoint-based regulation," authorizing the USPTO to deny registration — and the legal benefits that accompany it — to applicants based upon the expressive content of their trademarks....

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!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!