Tag Archives: First Amendment

In a recent landmark ruling, the Federal Circuit, sitting en banc, held that Section 2(a) of the Lanham Act’s ban on “disparaging” marks violates the First Amendment.[1]  Section 2(a) provides that no trademark shall be refused registration “unless it consists … Continue reading

Posted in Intellectual Property, Trademark & Trade Dress | Tagged , , , , , | Comments Off on Freedom of Speech Protects “Disparaging” Marks, Federal Circuit Holds

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain provisions of the Lanham Act. As we previously … Continue reading

Posted in Intellectual Property, Trademark & Trade Dress, TTAB | Tagged , , , , , , , , , , , , , , , , , , , , , , | Comments Off on For the Redskins, NFL Playoff Season Means. . . Constitutionality Questions?