Legal News

Federal Court to Decide Whether Immoral Trademarks Violate the First Amendment
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

A federal court will determine whether “smutty” or “immoral” trademarks may be banned.

Summary: A federal court will determine whether “smutty” or “immoral” trademarks may be banned.

According to CorpCounsel.com, the U.S. Court of Appeals will soon decide whether banning “smutty” or “immoral” trademarks is a violation of the First Amendment of the United States Constitution.

  
What
Where


The U.S. Patent and Trademark Office refused to allow Katy Perry to trademark “Left Shark.”

The federal court recently supported the U.S. Patent and Trademark Office’s decision to deny registration for the trademark “The Slants.” In its refusal, the U.S. Patent and Trademark Office noted Section 2(a) of the Lanham Act, which says that trademarks shall be rejected if they are comprised of “immoral, deceptive or scandalous matter” that denigrates people or entities, bringing them into “contempt or disrepute.” According to Reuters, the Asian-American band was denied the trademark because its name disparaged those of Asian ethnicity.

A group of law schools has joined the U.S. Patent and Trademark Office pilot program.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Michael Palmisciano of Sullivan & Worcester explains, “In their briefs, the parties are to specifically address the following issue: Does the bar to registration of disparaging marks … violate the First Amendment?” The pending decision could have a significant impact on trademark law, especially if the court finds the ban unconstitutional. For example, trademarks such as “Redskins” may be acceptable, according to TrendingTrademarks.com. Additionally, Palmisciano said that, even though the court is not addressing “scandalous” and “immoral” marks, the court may include these issues in its decision.

Palmisciano

Palmisciano



Do you think the court will ban the trademarks?

View Results

Loading ... Loading ...

Last year, the trademark “Redskins” was rejected.

Source: CorpCounsel.com

Photo credit: trademarkapplicationhq.com, sandw.com (Palmisciano)

 



 

RELEVANT JOBS

Associate Attorney

USA-PA-Exton

ASSOCIATE ATTORNEY McKenna Snyder LLC, a law firm in Exton, PA has an immediate opening for an ex...

Apply now

Attorney

USA-MI-Sturgis

Qualifications: HaasCaywood is seeking associate attorneys for our Coldwater and Sturgis, Michiga...

Apply now

Attorney

USA-MI-Coldwater

Qualifications: HaasCaywood is seeking associate attorneys for our Coldwater and Sturgis, Michiga...

Apply now

Insurance Defense Trial Attorney/ Senior Counsel

USA-CA-San Francisco

Job description Trial Attorney - Personal Injury Defense Full Job Description Hickey Smith ...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Education Law Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with ...

Apply Now

Education Law Attorney

USA-CA-Carlsbad

Carlsbad office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with 4-...

Apply Now

Education Law and Public Entity Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law and public ent...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top