High Court Says Offensive TM Ban Is Unconstitutional

Law360, New York (June 19, 2017, 10:25 AM EDT) -- The U.S. Supreme Court ruled Monday that the federal government's ban on offensive trademark registrations violates the First Amendment, handing the Washington Redskins a final victory in a decades-long battle over the team's name.

The U.S. Supreme Court unanimously agreed Monday that offensive trademarks cannot be banned under the First Amendment. (Law360) The high court's decision, in which all eight participating justices agreed on the key finding, came in a separate case filed by a rock band called The Slants, which challenged the constitutionality of the ban after it was refused a trademark registration on its name on the grounds that...

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