The Federal Circuit Court of Appeals has ruled that Section 2(a) of the Lanham Act, which bars registration of marks that “disparage” a group of people, is an unconstitutional infringement of First Amendment free speech rights. In In re Tam (No. 14-1203, Fed. Cir. Dec. 22, 2015), the court held that the U.S. Patent and Trademark Office can no longer refuse to register disparaging marks “because it disapproves of the expressive messages conveyed by the marks.”
Although most attention to the ruling has focused on the impact it may have on the pending appeal by the NFL’s Washington Redskins of the USPTO cancellation of several of its trademark registrations because they were disparaging of Native Americans, the decision is likely to impact a host of businesses. It opens the door for a flood of new trademark registrations of “offensive” or disparaging words and phrases for all sorts of commercial use – and a further flood of litigation will undoubtedly ensue.
Join our panel for an interactive discussion of the impact of the In Re Tam ruling, and what the future may hold both for those seeking “disparaging” trademarks, and those fighting them.
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Paul J. Kennedy
Partner | 215.981.4194
M. Kelly Tillery
Partner | 215.981.4401
Everett Farr
President
AFAB Industrial
Ronald D. Coleman
Partner
Archer & Greiner P.C.
CLE credit available in CA, NY, PA, VA (pending), NJ (credit available through reciprocity).
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Please contact Brian Dolan at dolanb@pepperlaw.com or 215.981.4568 with any questions.
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