In what may be the final installment of a series of blog posts related to the Lanham Act’s disparaging trademark ban and its effect on the Washington Redskins’ trademarks, the Fourth Circuit finally issued a decision in the Redskins’ case. When the United States Supreme Court ruled last June in a case involving the Slants
Matal v. Tam
After Matal v. Tam, Federal Circuit Rules on “Immoral” and “Scandalous” Trademarks
By Elizabeth A. Patton on
Posted in Trademark Registration, Trademarks
Continuing my ongoing coverage of the Lanham Act’s disparaging trademark ban, the Federal Circuit ruled today that the U.S. Supreme Court’s June 2017 ruling striking down the ban on disparaging trademarks also applies to the ban on “immoral” and “scandalous” trademarks set forth in section 2(a) of the Lanham Act. Applying First Amendment free…
Slanting Toward the End of the Commercial Speech Doctrine
By Fox Rothschild LLP on
Amid the hullabaloo over the U.S. Supreme Court’s decision this week in Matal v. Tam, a much broader and potentially more significant development might be overlooked. It shouldn’t be.
The case involved Simon Tam’s band “The Slants,” and as our Elizabeth Patton wrote earlier this week, it invalidated the Lanham Act’s prohibition…