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Corporate,
Entertainment & Sports,
Intellectual Property,
Civil Litigation,
Year in Review Column

Dec. 20, 2017

Trademarks, free speech and cannabis

In 2017, the Supreme Court ruled for the first time that the First Amendment precluded the Patent Office from refusing registration to marks that disparage on the basis of race and, presumably, religion -- among other developments.

Jane Shay Wald

Partner Emeritus
Irell & Manella LLP

Jane Shay Wald is a partner emeritus with Irell & Manella LLP in the L.A. office, and is chair of the firm's trademark practice group.

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Trademarks, free speech and cannabis
An undated handout photo of the Asian-American dance-rock band The Slants. (New York Times News Service)

2017 IN REVIEW

In 2017, the U.S. Supreme Court ruled for the first time that the First Amendment precluded the U.S. Patent and Trademark Office from refusing registration to marks that disparage on the basis of race and, presumably, religion. The decision -- involving a rock band, The Slants -- was widely publicized. The court held that the band could not be denied a federal registration for THE SLANTS on the basis that the mark was disparagin...

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