
doi: 10.2139/ssrn.3518433
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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