The Supreme Court, free speech and trademark law
Editor’s note: Erica B. E. Rogers, who is part of the Ward and Smith, P.A. law firm, is an attorney focused on intellectual property issues. RALEIGH – This article continues an earlier discussion of the application of the Latham Act’s disparagement provision to bar trademark registration. At the time the first article was written, the United States Patent and Trademark Office (“USPTO”) had requested review by the United States Supreme Court of In re Tam, a case in which the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) held that the disparagement provision constituted viewpoint discrimination...
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