When we discussed the provision of U.S. trademark law that
prohibits the use of "disparaging" words in a registered
trademark, we noted that "change may be on the
horizon."
On Dec. 22, 2015, the Court of Appeals for the Federal Circuit
ruled that at least the prohibition against registration of
"disparaging marks" Section 2(a) of the Lanham Act is an
unconstitutional governmental restraint on private speech. That
section of the 70-year-old law had allowed the USPTO to refuse
registration for trademarks that "disparage or falsely suggest
a connection with persons, living or dead, institutions, beliefs,
or national symbols, or bring them into contempt, or
disrepute."
The prohibition on "offensive" trademarks has been in
the spotlight recently due to the well-publicized controversy over
the team name of the National Football League's Washington
Redskins. Native American activists find the "Redskins"
name offensive and have lobbied for decades for the team to
