What is at stake in barring disparaging marks from being

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Reference no: EM133357847

Article: Read the following article, which was written just before the Supreme Court heard and decided the Tam case:

Sarah Jeong, Should We Be Able to Reclaim a Racist Insult - as a Registered Trademark?Links to an external site., N.Y. Times (Jan. 17, 2017).
When you have finished reading the article, respond to the prompt below.

QUESTIONS:

1. What is at stake in barring disparaging marks from being registered? Recall that even if a mark is barred from registration, it can still be used anyway.

2. Given that, what values or interests might be served by having a bar to registration for disparaging marks? Are there some types of disparaging marks that are more problematic than others? Do the rationales for barring disparaging marks extend to barring scandalous and immoral ones?

3. As noted in the lecture material, the Supreme Court held that the bar on disparaging marks is unconstitutional. Respond to the questions above without regard to the First Amendment issues. You may also weigh in on the First Amendment issues, if you like, but that is optional and not the main focus of this discussion.

Reference no: EM133357847

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