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Supreme Court Holds under First Amendment that Offensive, Disparaging Words Can Be Granted Trademark Protection

McBayer IP Blog

Posted In Intellectual Property , Trademark Lately there has been a growing tension between certain trademark applicants and a provision of the 1946 Lanham Act, which governs protection of trademarks. This clause gives the U.S. Patent and Trademark Office ( the “PTO”) the power to deny registration of any “immoral. scandalous” trademark, or one that may “disparage. or bring. into contempt or disrepute” any “persons, living or dead.” 15 U.