Analysis

The Biggest Open Questions In Trademark Law, Part 1

By Bill Donahue (August 30, 2017, 6:12 PM EDT) -- Trademark attorneys would love to give their clients hard answers, but many legal issues are unresolved — open questions that courts and lawmakers have yet to definitively answer. In Part 1 of a three-part series, here are some of the biggest questions that experts want answered.

What Else Will Matal v. Tam Touch?

After the Supreme Court's June ruling in Matal v. Tam, the Lanham Act's ban on "disparaging" trademark registrations is firmly unconstitutional, and the registration for "The Slants" — the one Simon Tam fought all the way to the high court to win — was finally published this week....

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