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Intellectual Property

Dec. 24, 2015

Appeals court rules First Amendment trumps restriction on offensive trademarks

Constitutional free speech protections prevent the federal government from blocking the registration of offensive trademarks, a federal appeals court decided Tuesday in an opinion that will attract intense scrutiny from other courts.

By Kevin Lee
Daily Journal Staff Writer

Constitutional free speech protections prevent the federal government from blocking the registration of offensive trademarks, a federal appeals court decided Tuesday in an opinion that will attract intense scrutiny from other courts.

The U.S. Court of Appeals for the Federal Circuit took the rare act of striking down as unconstitutional a provision of the Lanham Act, the federal law that governs...

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