Does the First Amendment Guarantee the Right
to Register Disparaging Trademarks?

Can the government refuse to grant its blessing—and the economic benefits that go along with it—to trademarks that disparage individuals or groups? By overruling its own long-standing precedents, the Federal Circuit may have made this issue ripe for determination by the Supreme Court and may have indirectly saved the trademarks of the Washington Redskins from cancellation. At stake is the constitutionality of Section 2(a) of the Lanham Act1, which allows the U.S. Patent and Trademark Office...

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