Supreme Court To Review Statute Against Disparaging Trademarks

by David Swetnam Burland
Federal trademark law, specifically, 15 U.S.C. § 1052(a), provides that the Patent and Trademark Office can refuse to register a trademark that disparages persons, institutions, beliefs, or national symbols. Last December, the entire Federal Circuit Court of Appeals held this disparagement provision to be an unconstitutional violation of the First Amendment, as we discussed at the time.Read the full article