Split en banc Federal Circuit rules disparagement provision is unconstitutional

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Split en banc Federal Circuit rules disparagement provision is unconstitutional

December 23 2015
slants

The Federal Circuit has ruled that the disparagement provision in section 2(a) of the Lanham Act is unconstitutional, and reversed and vacated the Trademark Trial and Appeal Board’s holding that “The Slants” is an unregistrable mark. The en banc court was split, however, with a total of five opinions submitted

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