In his Introduction, Ted Davis ponders the ramifications of the Brunetti case should the Supreme Court rule, as did the Federal Circuit, that the Section 2(a) prohibition on scandalous marks is a “content-discriminatory mechanism unable to survive intermediate scrutiny.” Will such a holding affect other content-based provisions of Section 2? He explains why he thinks the answer is no.
Ted finds a number of TTAB decisions to be of interest, and particularly the Board’s refusal to recuse itself in a cancellation proceeding involving registrations for the mark TRUMP, in which registrations the President has an interest. Chief Judge Rogers stepped in to pen that opinion.
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Text Copyright John L. Welch 2019.