Following the Supreme Court of the United States’ 2017 decision in Matal v. Tam (i.e., the Slants case) finding the proscription on the registration of disparaging trademarks under § 2(a) of the Lanham Act to be an...more
2/6/2018
/ Constitutional Challenges ,
Disparagement ,
First Amendment ,
Free Speech ,
Lanham Act ,
Matal v Tam ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In an 8–0 decision, the Supreme Court of the United States affirmed an en banc panel of the US Court of Appeals for the Federal Circuit and found the disparagement clause of the Lanham Act to be facially unconstitutional...more
7/11/2017
/ Constitutional Challenges ,
Disparagement ,
First Amendment ,
Free Speech ,
Lanham Act ,
Matal v Tam ,
Music Industry ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
A unanimous decision from the Supreme Court of the United States in Matal v. Tam affirmed an en banc panel of the Federal Circuit and found the disparagement clause of the Lanham Act to be facially unconstitutional under the...more
6/22/2017
/ Constitutional Challenges ,
Disparagement ,
First Amendment ,
Free Speech ,
Lanham Act ,
Matal v Tam ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In the last several decades, the disparagement provision of § 2(a) of the Lanham Act has become a more frequent basis for rejection or cancellation of trademarks by the United States Patent and Trademark Office (PTO) and the...more
In the last several decades, the disparagement provision of § 2(a) of the Lanham Act has become a more frequent basis for rejection or cancellation of trademarks by the United States Patent and Trademark Office (USPTO) and...more
The U.S. Court of Appeals for the Federal Circuit issued a sua sponte order vacating its April 20, 2015, decision in In re Tam to consider the constitutionality of Section 2(a) of the Lanham Act, which provides that the U. S....more