Federal Circuit Vindicates First Amendment by Holding Section of Lanham Act Unconstitutional

trademark-gavelBy Vijay Kumar

The Court of Appeals for the Federal Circuit (CAFC) recently decided en banc that Section 2(a) of the Lanham Act, which prohibits registration of “disparaging” trademarks, is unconstitutional under the First Amendment. The effects of this significant decision (In re Tam) will undoubtedly ripple across multiple industries and affect many controversial trademarks, including most notably the Washington Redskins, who are currently appealing a district court decision to the 4th Circuit Court of Appeals. Continue reading