A provision of a federal law that barred the registration of disparaging or offensive trademarks violates the First Amendment of the U.S. Constitution, the U.S. Court of Appeals for the Federal Circuit ruled Tuesday.
In striking down the nearly 70-year-old provision of the Lanham Act, the court vacated the refusal by the U.S. Patent and Trademark Office to register the name of the Asian-American rock band, The Slants. The ruling could also affect the decision by the agency to cancel the trademarks of the National Football League’s Washington Redskins.
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