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Lee v. Tam: Supreme Court Takes on the Slants

by Dennis Crouch In its decision in this trademark registration case, the Federal Circuit found the statutory prohibition against registering “disparaging marks” an unconstitutional governmental regulation of speech in violation of the First Amendment. (En banc decision).  I noted in my December 2015 post that “there would be a good chance for Supreme Court review of the case if […]
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Do Limits on Trademarks-that-Disparage Violate Freedom-of-Speech?

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by Dennis Crouch In re Tam (Fed. Cir. 2015) (en banc order) Simon Tam has been attempting to register the name of his band “The Slants” as a trademark.  However, registration has been denied under Section 2(a) of the Lanham Act as a...

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