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.