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Strict Scrutiny Standard Disparagement

Akerman LLP - Marks, Works & Secrets

In re Tam Redux: The PTO seeks Certiorari

On April 20, 2016, the United States Patent and Trademark Office (“PTO”) filed a petition for a writ of certiorari to the Federal Circuit seeking Supreme Court review of that Court’s decision in In re Tam, 117 USPQ2d 1001...more

Mintz - Trademark & Copyright Viewpoints

Washington Redskins Haven’t Won Yet: Why the Constitutionality of Section 2(a) is Not Yet Final

What do Washington D.C.’s NFL team, the Redskins, and Mr. Tam’s rock band, The Slants, have in common? Both have enjoyed unexpected victories recently and both have been called “disparaging” by the Patent and Trademark Office...more

Eversheds Sutherland (US) LLP

Trademark Wars: The First Amendment Strikes Back – Lanham Act’s Disparaging Trademark Registration Ban Struck Down as...

The U.S. Court of Appeals for the Federal Circuit, en banc, has ruled that Section 2(a) of the Lanham Act precluding “disparaging” trademark registrations is unconstitutional, rejecting the argument that trademark...more

Akerman LLP

In re Tam: Section 2(a) Unconstitutional Under The First Amendment

Akerman LLP on

In a landmark First Amendment decision relating to the Lanham (Trademark) Act, the Federal Circuit, en banc, struck down § 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), the statutory provision barring registration of...more

Genova Burns LLC

Federal Circuit Strikes Down Federal Ban on Disparaging Marks as Unconstitutional

Genova Burns LLC on

In a landmark ruling that departs from decades-old precedent, on December 22, 2015, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibition of “disparaging marks” violates the First...more

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