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Cardozo A&ELJ symposium, Trademark

43(B)log

I’m going to start by going back to some earlier cases, Two Pesos v. Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

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Section 1052(c) of the Lanham Act: A First Amendment-Free Zone?

Patently-O

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. 7] See In re Tam , 808 F.3d 1052(a) is unconstitutional with respect to the bar on disparaging marks), aff’d , Matal v. Tam , 137 Sup.