John Welch

John Welch has represented clients in scores of patent, trademark, copyright, unfair competition, and domain name lawsuits across the country, and has handled hundreds of opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office.

Recent Posts

Federal Circuit Declares Disparagement Bar of Trademark Act Unconstitutional

Posted by John Welch on Apr 25, 2016

John Welch

In In re Tam, 117 U.S.P.Q.2d 1001 (Fed. Cir. 2015), the U.S. Court of Appeals for the Federal Circuit rocked the trademark world by deeming the disparagement bar of Lanham Act Section 2(a) unconstitutional because it violates the Freedom of Speech Clause of the First Amendment.

What This Means to You

  • The court’s opinion suggests that the “immoral or scandalous” prohibition of Section 2(a) may likewise be unconstitutional.
  • The decision, if it stands, will clear the way for future registration of marks that people may consider even more offensive.
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Wolf Greenfield's CAFC Blog

Here, Wolf Greenfield attorneys summarize and identify key takeaways from recent patent law cases decided by the U.S. Court of Appeals for the Federal Circuit. View past case summaries here.

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.