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Perspective

May 29, 2014

How should we define 'disparaging'?

Two weeks ago, the U.S. Court of Appeals for the Federal Circuit did something it had never done before: It decided that a trademark was disparaging and therefore could not be registered. By Christine Haight Farley


By Christine Haight Farley


Two weeks ago, the U.S. Court of Appeals for the Federal Circuit did something it had never done before: It decided that a trademark was disparaging and therefore could not be registered. In In re Geller (Fed. Cir. May 13, 2014), the court, in a case of first impression, determined that the mark "Stop the Islamisation of America" disparages Muslims. The mark, which was intended for use with the service of "[p]rovid...

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