Pro-Football Inc. v. Blackhorse Cert Petition


Question presented:

The “disparagement clause” in § 2(a) of the Lanham Act bars the registration of a trademark that “may disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” 15 U.S.C. § 1052(a). The questions presented are:

1. Whether § 2(a)’s disparagement clause violates the First Amendment.

2. Whether § 2(a)’s disparagement clause is impermissibly vague, in violation of the First and Fifth Amendments.

3. Whether the government’s decades-long delay between registering a trademark and cancelling the registration under § 2(a)’s disparagement clause violates due process.

The Fourth Circuit matter is still pending. This is an effort to jump ahead of the process to join another petition currently pending captioned Lee v. Tam. We posted about that Federal Circuit decision here.

This entry was posted in Author: Matthew L.M. Fletcher, cultural resources, Research, Supreme Court and tagged , , , , . Bookmark the permalink.

2 Responses to Pro-Football Inc. v. Blackhorse Cert Petition

  1. Pingback: U.S. Supreme Court Grants Cert in Lee v. Tam | Turtle Talk

  2. Pingback: SCOTUS Denies Cert in Several Indian Law Matters | Turtle Talk

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