US Perspectives: In US, Growing Battle Over Offensive Trademarks

The US Patent and Trademark Office (USPTO) has refused to register trademarks that disparage people due to Section 2(a) of the Lanham.  A December decision by the Federal Circuit Court of Appeals has stated that refusing to register trademarks on the grounds of disparaging people violates the First Amendment’s guarantee of free speech.  Loeb & Loeb partner, Douglas Masters is quoted on the issue as well as two cases currently before the courts that challenge the constitutionality of Section 1(a)’s ban on disparaging remarks.