Section 1052(c) of the Lanham Act: A First Amendment-Free Zone?
Patently-O
DECEMBER 12, 2021
Unlike the bars on registration at issue in Tam and Brunetti , the PTO’s ban on registration under Section 1052(c) does not discriminate against speech based on the viewpoint expressed. 1052(a) is unconstitutional with respect to the bar on disparaging marks), aff’d , Matal v. 1744 (2017); In re Brunetti , 877 F.3d 3d 1330 (Fed.
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