In In re Tam, a divided Federal Circuit sitting en banc determined that the portion of Section 2(a) of the Lanham Act that precludes registration of “disparaging” trademarks is unconstitutional under the First Amendment. In re Tam, No. 14-1203 (Dec. 22, 2015). A review of the en banc briefs can be found here.
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En banc Federal Circuit rules ban on “disparaging” trademarks unconstitutional
Federal Circuit IP Blog
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