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: Pro-Football
Of Slants, Skins And Signs: The Supreme Court Grants Certiorari
Of Slants, Skins And Signs: The March To The Supreme Court
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,… More
Sue-per Bowl Shuffle 2014: The Year in NFL-Related Intellectual Property Litigation
Heading into this year’s Super Bowl party season, there are two things every lawyer should be concerned about. First, why can’t your team get it together? Second, what do you do if you are asked to explain to your friends and neighbors some NFL-related litigation that you haven’t been following? We can’t help you with the first problem (although, as an Iggles fan living in the heart of Patriots Nation,… More