Friday, March 6, 2015

ACLU argues that cancellation of Redskins trademark violates the First Amendment


"The Patent & Trademark Office held last year that the Redskins’ federal trademark must be canceled, because a federal statute bars registrations of marks that “may disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” This doesn’t bar the Redskins from using their name, but it does reduce their ability to use trademark law to stop various infringing Redskins gear. I have tentatively argued that this exclusion of “disparag[ing]” trademarks violates the First Amendment:"
[Volokh Conspiracy]

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