Tuesday, November 26, 2019
The title of this post is the title of this new paper recently posted to SSRN authored by Robert Greenberg. Here is its abstract:
A review of Supreme Court trademark litigation interpreting the First Amendment as well as recent trademark litigation at the state and federal levels. The prohibition on immoral trademarks has been steadily eroding as a result of First Amendment litigation at the United States Supreme Court. In light of recent Supreme Court decisions on trademark registrations and free speech, the question then becomes: Is the ban on cannabis trademark registrations justifiable in light of the First Amendment in view of these recent cases? The issue of whether the United States Patent & Trademark Office (USPTO) should or will issue registrations in light of this recent line of cases is discussed.