Congressional Digest

Supreme Court Debates March 2017 No. 3 Vol. 20
Pro-Football, Inc., Amicus Curiae

Offensive Trademarks

Free Speech and Protection for "Disparaging" Words

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Pro-Football, Inc., Amicus Curiae

Lisa S. Blatt, Counsel of Record

Pro-Football, Inc., is the company that owns and operates the Washington Redskins National Football League franchise. It is the defendant in a lawsuit asserting that the team’s trademark is disparaging and should be deregistered. Lisa S. Blatt is a partner with the law firm Arnold & Porter Kaye Scholer, where she heads its appellate and Supreme Court practice. The following is excerpted from the Amicus Curiae Brief for Respondent as submitted to the U.S. Supreme Court on December 16, 2016. The ban on the registration of disparaging trademarks in Section 2(a) of the Lanham Act is facially unconstitutional. At minimum,…

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