Trademark Law Under Fire
A Rock Band and a Football Team Challenge Federal Law
Two separate cases, involving the revocation of the Washington Redskins’ federally registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band’s name (In re Tam), raise questions about the constitutionality of Section 2(a) of the Trademark Act of 1946 (conventionally known as the Lanham Act), which denies trademark registration to certain offensive content. In relevant part, Section 2(a) prohibits registration if the trademark “consists of matter … which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” Section 14(b)…
