IP Watchdog

A decision for Tam would likely result in striking all "immoral, scandalous, or disparaging" restrictions, not just disparaging.

Authors: Katherine M. Basile Katrina M. Kershner Andrew M. Levad

Social media, eCommerce, customizable clothing companies, and a changing culture have made it much more commonplace to encounter offensive or scandalous content in public, and, to a much lesser extent, in the marketplace. Indeed, the world of brand names has remained mostly chaste, in large part because such a mark would not be easily enforced. It would be rejected from registration as being immoral, scandalous, or disparaging, and, thus, unregistrable on the U.S. Principal Register under Section 2(a) of the Lanham Act, which states that:

No trademark by which the goods of applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—(a) consists of or compromises immoral… or scandalous matter; or matter which may disparage… persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. (15 U.S.C. § 1052(a)).

Read the full article at ipwatchdog.com.