Well, that happened! According to the Supreme Court’s opinion in Matal v. Tam, Section 2(a) of the Lanham Act, which purports to prohibit the registration of marks that “disparage . . . persons,” is unconstitutional. ...more
6/26/2017
/ Commercial Speech ,
Constitutional Challenges ,
Disparagement ,
First Amendment ,
Free Speech ,
Lanham Act ,
Matal v Tam ,
NFL ,
Redskins ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademarks
We have been following the course of In re Tam as it has progressed through the PTO and the courts. To recap, at issue is whether Section 2(a) of the Lanham Act, which prohibits the registration of marks that may disparage...more
9/30/2016
/ Blackhorse v Pro-Football ,
Disparagement ,
First Amendment ,
Football ,
Free Speech ,
Lanham Act ,
Petition for Writ of Certiorari ,
Redskins ,
The Slants ,
Trademark Registration ,
Trademarks
This week saw developments in the two cases challenging the application of Section 2(a) of the Lanham Act to their registration: In re Tam and Blackhorse v. Pro Football, Inc....more
4/28/2016
/ Blackhorse v Pro-Football ,
Disparagement ,
First Amendment ,
Football ,
Free Speech ,
Lanham Act ,
NFL ,
Petition for Writ of Certiorari ,
Redskins ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademarks
In September, we discussed In re Tam and the potential for a showdown over the constitutionality of Section 2(a) of the Lanham Act. At that time, a panel of the Federal Circuit had recently upheld the PTO’s refusal to...more
1/5/2016
/ Chilling Effect ,
Commercial Speech ,
Disparagement ,
En Banc Review ,
First Amendment ,
Free Speech ,
Government Speech Doctrine ,
Redskins ,
The Slants ,
Trademark Registration ,
Trademarks ,
USPTO