This week saw developments in the two cases challenging the application of Section 2(a) of the Lanham Act to their registration: In re Tam and Blackhorse v. Pro Football, Inc.
In re Tam
We have discussed In re Tam in prior posts. In December 2015, the en banc Federal Circuit struck down Section 2(a) of the Lanham Act, which prohibits the registration of marks that may disparage persons, institutions, beliefs, or national symbols. The Court held that the provision was facially unconstitutional under the First Amendment… More