The First Amendment is invoked whenever the government attempts to squelch speech or expression that deserves to be heard. Often, it will also protect speech that most people feel ought not be heard. Yet by invoking the First Amendment to argue that the Trademark Trial and Appeal Board crossed the line in canceling the Washington Redskins’s trademarks. Lawrence Siskind unwittingly disproves his own case. (See The Trademark of Cain, by Lawrence Siskind.)

The First Amendment is, at best for Siskind, a red herring. At worst, it could be used to invalidate a recent addition to trademark law.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]