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First Amendment: 3, Lanham Act: 0 - SCOTUS Holds Lanham Act Prohibition on Immoral and Scandalous Marks is Unconstitutional...

Following on the heels of  Matal v. Tam in 2017, the Supreme Court on Monday issued a 6-3 opinion in Iancu v. Brunetti striking down the Lanham Act’s prohibition on “immoral” and “scandalous” trademarks, holding that it...more

Disparaging Trademarks Afforded First Amendment Protection

The United States Court of Appeals for the Federal Circuit ruled last week that Section 2(a) of the Trademark Act, 15 U.S.C. 1052(a), the provision used as a basis to bar registration of “disparaging” marks, is...more

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