Federal Circuit Court of Appeals Finds First Amendment Applies to Trademarks and Rules that “Disparaging” Cannot Be Used to Deny Expressive Trademarks Like “Stop Islamisation of America”

As a kind of Christmas present to liberty and the U.S. Constitution, the Federal Circuit Court of Appeals, sitting en banc (the entire court), today reversed more than 30-years of jurisprudence by holding that trademark registration under the Lanham Act deserves First Amendment protection.  The import of this holding is…

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