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Expert Analysis

What To Expect From 'Scandalous' Trademark Case

By Jennifer Ko Craft and Hilary Williams ( January 11, 2019, 12:49 PM EST) -- In 2017, the U.S. Supreme Court held in Matal v. Tam that Section 2(a) of the Lanham Act violated the First Amendment by allowing the U.S. Patent and Trademark Office to refuse federal registration for disparaging marks.[1] Unfortunately, the Supreme Court's ruling in Tam only addressed disparaging marks and not immoral or scandalous marks — e.g., your favorite curse word — thus leaving other provisions of the act in limbo....

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