U.S. Supreme Court,
Civil Litigation,
Intellectual Property
Aug. 10, 2017
After disparagement ax, attorneys eyeing ‘scandalousness’
Attorneys are now keeping their eye on court proceedings involving another provision of Section 2(a) — the “scandalousness” provision, which bars the registration of marks that consist of or comprise “immoral, deceptive, or scandalous matter.”
Delia Ramirez
Of Counsel
Hakimi Law, PC.
5500 Eucalyptus Dr Apt 831
American Canyon , CA 94503-1178
Phone: (415) 255-4503
Email: delia@hakimilaw.com
Golden Gate Univ SOL
LEGAL ENTERTAINMENT
On June 19, the U.S. Supreme Court held that the disparagement provision in Section 2(a) of the Lanham Act, 15 U.S.C. Section 1052(a), is an unconstitutional content-based restriction on speech. Matal v. Tam, 2017 DJDAR 5793. The provision rejected trademark registrations containing language that may “disparage … persons, living or dead … or bring them into contempt or re...
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