Split en banc Federal Circuit rules disparagement provision is unconstitutional

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Split en banc Federal Circuit rules disparagement provision is unconstitutional

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

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login
more from across site and ros bottom lb

More from across our site

Two partners who joined Brown Rudnick last year explain how their new firm’s venture capital experience is helping them accomplish their goals
Michael Gaertner explains why Locke Lord’s merger with Troutman Pepper sparked the need to seek a new home and why Buchanan Ingersoll & Rooney ticked the right boxes
The appointment makes good on the firm’s promise to boost its UPC expertise
Mathilda Davidson, a transactional IP partner, joined the firm from Gowling WLG today, January 6
A significant SEP win for Huawei and a tobacco trademark victory for law firm Venable were among the big talking points this week
Emily O’Neill, BAT's new head of patents, considers why the first 90 days in a new role are crucial for establishing credibility and understanding your organisation’s culture and objectives
US attorneys weigh in on the rise of AI, fee increases, and other issues to watch in 2025
The team, led by partners Dominic Farnsworth and Leigh Smith, also includes two trademark attorneys
Demand for specialists is increasing as IP plays an ever-bigger role in deals and financial transactions
A UK government consultation on AI and copyright, a patent blow for Lenovo and a trademark row over cider were among the big talking points this week
Gift this article