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ALERT-In-re-Tam-Federal-Circuit-decision.pdf
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🔗 Source: bannerwitcoff.com
📊 Size: 85 KB
👤 Author: Amanda Robert
⬇️ Downloads: 51

Summary

The Federal Circuit held that the disparagement provision of Section 2(a) of the Lanham Act is unconstitutional, violating the First Amendment, as it refuses to register disparaging marks based on the government's disapproval of the expressive messages conveyed by the marks. This decision came after Simon Tam, founder of the dance rock band "The Slants," was denied trademark registration for the band's name, which is derived from an ethnic slur for Asians, due to the USPTO finding it disparaging to people of Asian descent. The court rejected the government's arguments that trademarks are not speech, are government speech, or are a government subsidy, and concluded that the disparagement provision fails to pass constitutional muster under both strict scrutiny and intermediate scrutiny.

Description

The Federal Circuit held that the disparagement provision of Section 2(a) of the Lanham Act is unconstitutional, violating the First Amendment, as it refuses...

Technical Information

  • File Format: PDF
  • File Size: 85 KB
  • Pages: 4
  • Language: EN
  • Author: Amanda Robert
  • Total Downloads: 51
  • Last Updated: 1 month ago

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