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.

 

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