Intellectual Property,
U.S. Supreme Court
Oct. 19, 2016
Lee v. Tam: a closer look
Because refusing to register trademarks based on the message they convey amounts to viewpoint discrimination, it would not be surprising if the Supreme Court affirms the Federal Circuit and allows registration of marks like "The Slants" and "Redskins."
Ben M. Davidson
Founder
Davidson Law Group ALC
Intellectual Property
Email: Ben@dlgla.com
George Washington Univ Law School
Ben is a former patent examiner and represents corporations in intellectual property litigation and proceedings before the U. S. Patent & Trademark Office.
Last month, in Lee v. Tam, the U.S. Supreme Court agreed to consider whether the U.S. Patent & Trademark Office (USPTO) can refuse to register trademarks that are disparaging. The court will review an en banc decision last December by the U.S. Court of Appeals for the Federal Circuit striking down a hundred-year old practice by the USPTO prohibiting or canceling the registration of any disparaging mark under Section 2(a) of the Lanham Act and its predecessors. The Federal Circuit ...
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