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First Amendment Implications of the Trademark Registration Decisions

Authors: Marc Rohr;

First Amendment Implications of the Trademark Registration Decisions

Abstract

The opinions of the Justices in the Supreme Court’s recent decisions, in Tam v. Matal and Iancu v. Brunetti, striking down two provisions of the Lanham Act (which barred the registration of marks that are “disparaging” or “immoral or scandalous”) as violative of the First Amendment, leave open the questions of (1) whether an amended provision prohibiting the registration of “vulgar” marks would survive a First Amendment challenge, and (2) whether any of the Act’s other content-based bars to registration are vulnerable to such challenges. This article explores those possibilities.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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