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Disparaging and scandalous trade marks post-Tam

Michael Loney, New York


While the Supreme Court settled the issue of disparaging marks, Section 2(a)’s prohibition against immoral or scandalous marks is still being contested. The Federal Circuit last month declined to hear the Brunetti case en banc

The biggest US trademark decision of the past year was Matal v Tam, in which the Supreme Court in June 2017 found that Section 2(a) of the Lanham Act’s prohibition on the registration of disparaging marks violated the First Amendment....


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