What is barring disparaging marks from being registered

Assignment Help Business Law and Ethics

Reference no: EM133370007

Assignment:

TRADEMARK LAW

Disparaging Marks

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? 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: EM133370007

Questions Cloud

Discuss how dubois hope to uplift newly freed people : Discuss how Dubois hope to uplift newly freed people. How is his reasoning controversial for the time period? Support your answer with specific examples using

What is ato payg tax legislation for employers : What is ATO PAYG tax legislation for employers (withholding tax) in the area of configuring tax tables, earning, allowance & deduction codes, tax calculations

What is platform governance : Infrastructure studies meet platform studies in the age of Google and Facebook." Jean-Christophe Plantin, Carl Lagoze, and Christian

About result of conflict management style : How do you feel about the result of conflict management style where your style is collaborating. Do you agree with them? We're there any surprises?

What is barring disparaging marks from being registered : 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.

How is this theme communicated? show us examples of images : ENGL 115 Southern Maine Community College How is this theme communicated? Show us examples of images and language from the poem you chose that help illustrate

Current position as vice president of global purchasing : Do you think it is reasonable for Arthur to maintain his current position as vice president of global purchasing, Engine Systems Group,

How are the words on the pedestal of ozymandiass statue : In the poem Ozymandias by Percy Bysshe Shelley, how are the words on the pedestal of Ozymandias's statue ironic

Alternatives way to combat sharp appreciation : Were there alternatives way to combat the sharp appreciation and what are they? Would they have been more effective without causing such a volatile variation

User Account

All Pages