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Lanham Act › Section 2

Snell & Wilmer

USPTO’s Cert Petition Argues Constitutionality of Lanham Act’s Living Individual Restriction

Snell & Wilmer on

USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the Federal Circuit held the USPTO unconstitutionally applied Lanham Act Section 2(c) (15 U.S.C. §...more

Foley Hoag LLP - Trademark, Copyright &...

Of Slants, Skins and Signs: The Coming First Amendment Showdown

Foley Hoag LLP - Trademark, Copyright &... on

Are we heading for a constitutional showdown over Section 2(a) of the Lanham Act? Will the Supreme Court strike down this prohibition on disparaging marks as an abridgement of First Amendment rights? It is certainly...more

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