Civil Litigation,
Intellectual Property,
Constitutional Law
Sep. 5, 2018
Is scandalous trademark bar unconstitutional, too?
The scandalous clause prohibits trademark registration of expression that offends a person’s conscience or moral feelings, which, as a practical matter, means no registration for pornographic or vulgar expression.
Does the Lanham Act's scandalous clause violate the First Amendment? The scandalous clause prohibits trademark registration of expression that offends a person's conscience or moral feelings, which, as a practical matter, means no registration for pornographic or vulgar expression. At first glance, that prohibition would seem unconstitutional, especially after last year's decision in Matal v. Tam, where the U.S. Supreme Court unanimously he...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In