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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Rebecca Newman at Addleshaw Goddard, who live-reported on the seminal dispute, unpicks the trials and tribulations of the case and considers its impact