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Supreme Court Will Review Dispute Over Disparaging Trademarks

Mealey's (September 29, 2016, 1:25 PM EDT) -- WASHINGTON, D.C. — A ruling by the Federal Circuit U.S. Court of Appeals that deemed the Lanham Act’s disparagement provision — codified at 15 U.S. Code Section 1052(a) (Section 2[a]) — unconstitutional will be reviewed by the U.S. Supreme Court, which granted certiorari Sept. 29 (Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office v. Simon Shiao Tam, No. 15-1293, U.S. Sup.).

The petition by Michelle K. Lee, undersecretary of Commerce for Intellectual Property and director of the...
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