Court Finds Section 2(a) of Lanham Act Violates First Amendment

(December 23, 2015) The restrictions prohibiting the registration of trademarks that are scandalous, immoral, or disparaging violates the First Amendment and are unconstitutional, the Federal Circuit found. Section 2(a) of the Lanham Act bars the Patent and Trademark Office (PTO) from registering marks that consist of immoral, deceptive, or scandalous matters or which may disparage […]
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