En Banc Federal Circuit Rules Ban On “Disparaging” Trademarks Unconstitutional
December 22, 2015
Authored and Edited by Jonathan D. Uffelman; Julia Anne Matheson; Elizabeth D. Ferrill
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.
Contacts
- Jonathan D. Uffelman
- Domain Name Specialist / Attorney
- Washington, DC
- +1 202 408 4328
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