Friday, February 28, 2020
The title of this post is the title of this new paper authored by Robert Greenberg now available via SSRN. Here is its abstract:
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 Lanham Act’s ban on cannabis trademark registrations justifiable in light of the First Amendment in view of these recent cases?