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
Tag Archives: scrutiny
Of Slants, Skins and Signs: The Coming First Amendment Showdown
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