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Daily Archives: September 7, 2015

Cohn Legal, PLLC IP BLOG

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The Scandalous (and Intriguing) World of Trademarks

UncategorizedBy CLG AttorneysSeptember 7, 2015

Two United States Courts of Appeals, the Fourth Circuit and the Federal Circuit, are set to examine the question of whether or not Section 2(a) of the United States Trademark Act, otherwise known as the “Lanham Act,” is in violation of the First Amendment and, therefore, unconstitutional. The section provides that the USPTO can deny or cancel a trademark on the Principal Register if it consists of “immoral, deceptive, or scandalous matter, or which may…

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