Well, that happened! According to the Supreme Court’s opinion in Matal v. Tam, Section 2(a) of the Lanham Act, which purports to prohibit the registration of marks that “disparage . . . persons,” is unconstitutional. When we first started blogging on this topic, here, we noted that certain stars were aligning for a constitutional showdown. … More
Tag Archives: Slants Skins And Signs
The Washington Redskins Ask The Supreme Court To Block Fourth Circuit From Participation In Important Trademark Cases
Another Labor Day is behind us, kids are back to school, and fall has unofficially arrived (it will become official on the September 22nd equinox). The autumn leaves bring with them two major opening days. One is already behind us, as the NFL literally kicked off its season on September 8 with a matchup between the Carolina Panthers (20) and the Denver Broncos (21).… More
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
As part of our continuing monitoring of this issue (see articles here, here and here), we bring you the latest chapter in the saga over the registration of THE SLANTS trademark. After the en banc Federal Circuit struck down Section 2(a) as facially unconstitutional, the United States Patent and Trademark Office, rather than withdrawing the objection to the registration,… More
In September, we discussed In re Tam and the potential for a showdown over the constitutionality of Section 2(a) of the Lanham Act. At that time, a panel of the Federal Circuit had recently upheld the PTO’s refusal to register the mark THE SLANTS for a music group, finding that the name was disparaging to persons of Asian descent. … More
Are we heading for a constitutional showdown over Section 2(a) of the Lanham Act? Will the Supreme Court strike down this prohibition on disparaging marks as an abridgement of First Amendment rights? It is certainly beginning to look like a distinct possibility. Two developments lead me to this conclusion.
Disparaging Marks and Spending Power
The first development arises from two trademark cases that are now on appeal,… More