Our office remains open to serve your important legal needs during these turbulent and challenging times. We are happy to schedule client consultations and client meetings by telephone or video-conference at your request.
Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Supreme Court will review law against disparaging trademarks

Colorado businesses are usually allowed to register any of their trademarks as long as no other party has already done so. However, the disparagement provision of the Lanham Act states that a request for trademark registration may be refused if the content of the trademark may disparage persons, institutions, beliefs or national symbols.

An ongoing trademark dispute is bringing the disparagement provision of the Lanham Act into question, and the U.S. Supreme Court will soon decide whether the provision is constitutional. On Sept. 29, the Supreme Court voted to hear a case that was brought forward by the founder of a rock band called “The Slants”. The band member is arguing that the U.S. Patent and Trademark Office’s refusal to register a trademark for his band name violated his First Amendment right to free speech.

The founder named his rock band after a derogatory term for Asian Americans because he wanted to reappropriate the term. When the band was refused a trademark, the band founder challenged the refusal in court. In December 2015, the U.S. Court of Appeals for the Federal Circuit ruled in a 9-3 en banc panel decision that the disparagement provision of the Lanham Act is facially invalid and a violation of the First Amendment.

A business may have a better chance of receiving approval for its trademarks if it works with an attorney before filing an application. An intellectual property attorney can often conduct a search in order to ensure that the names and logos are original enough to be trademarked.

Source: The National Law Review, “Supreme Court to Review Registrability of Disparaging Trademarks,” Paul Devinsky, Oct. 27, 2016

“I used the Bryan E. Kuhn, Counselor at Law, P.C. team to help me with a case. They were always professional, upfront, and positive providing guidance while keeping me informed.”
– L.H.

“Everyone at the firm was professional, responsive and courteous. I would definitely recommend this firm if you are in need of superior legal assistance.”
– J.S.

“Bryan and his law firm operate with great professionalism and personal touch. I appreciated the way he and his team offered transparent communication.”
– N.S.

“The team was very professional in helping me to get through an uncomfortable ADA situation at my workplace. This was a very good legal experience. I would recommend Bryan E. Kuhn & team to anyone who needs work related legal help.”
– D.L.

“Bryan, Katie, and all the staff in this office are super fast to respond, expert in their fields, and always helpful. We have been extremely pleased with their services for our small business.”
– T.Z.

Archives

Contact Our Firm

Office Location

Bryan E. Kuhn, Counselor at Law, P.C.
1660 Lincoln Street Suite 2330
Denver, CO 80264

Local: 303-424-4286
Toll Free: 866-693-5541
Fax: 303-425-4013
Denver Law Office Map
FindLaw Network
Click for the BBB Business Review of this Attorneys & Lawyers - Employment Litigation in Denver CO