On June 19, 2017, The Supreme Court of The United States ruled that Lanham Act’s disparagement provision unconstitutional under the First Amendment’s free speech clause in the United States
Patent and Trademark Office v. Tam case. Lanham Act’s disparagement provision prohibits registering trademarks that may disparage persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. This decision opens the door for “offensive” names to be registered as U.S. federal trademarks. One prominent example is the name of National Football League’s Washington Redskins. In view of the Tam case, Redskins will almost certainly be allowed for continued use as the NFL team’s name.
Atty Ad: The Law Offices of Konrad Sherinian, LLC with offices in Chicago and Naperville, has successfully defended numerous trademark and counterfeiting cases. Call (630) 318-2606 or (312) 981-5004 today for a free consultation with any trademarks.