On September 29, 2016, the U.S. Supreme Court decided to review an en banc Federal Circuit decision that the Lanham Act's ban on registration of disparaging marks implicates First Amendment. Lee v. Tam, No. 15-1293 (Sept. 29, 2016). The Federal Circuit held that the disparagement provision of the Lanham Act denying trademark registration based on their content and viewpoint is an unlawful burden on free speech.
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