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Federal Circuit: Section 2(a) of the Lanham Act is unconstitutional

The Federal Circuit has reversed the Trademark Trial and Appeal Board’s (TTAB) refusal to register the mark THE SLANTS for entertainment in the form of a musical group, holding that Section 2(a) of the Lanham Act, which bars the federal registration of trademarks that consist of or comprise “immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute”, is unconstitutional.

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Maus Frères/Lacoste

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Issue 71