This case addresses the same issue brought up by Pro-Football v. Blackhorse (section 2(a) of the Lanham Act), which is currently in the 4th Circuit. Pro-Football, Inc. petitioned the Court to skip the 4th Circuit and be joined to the Tam v. Lee case if it was granted here. There is no decision on that at this time.
Pro-Football v. Blackhorse coverage here.
Tam v. Lee coverage here.
Story from Law360 here.
Thanks to SD for the heads up.