En Banc Federal Circuit Rules Ban On “Disparaging” Trademarks Unconstitutional

Author: Jonathan Uffelman
Editor: Julia Anne Matheson

In In re Tam, a divided Federal Circuit sitting en banc determined that the portion of Section 2(a) of the Lanham Act that precludes registration of “disparaging” trademarks is unconstitutional under the First Amendment.  In re Tam, No. 14-1203 (Dec. 22, 2015).  A review of the en banc briefs can be found here.  A detailed discussion of the en banc decision can be found on Finnegan’s Incontestable® blog.


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Tagged ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: