Download Full Text (1.9 MB)


My law review article analyzes the constitutionality of the Lanham Act, a federal trademark statute. Under the Lanham Act, trademark owners are prohibited from registering trademarks that may be considered ''disparaging'' or ''scandalous'' to others. However, what is considered ''disparaging'' or ''scandalous'' is determined under a subjective standard. What is offensive to one trademark examiner for purposes of registering a trademark may not be offensive to another. Today, the Washington Redskins, a professional football franchise, finds themselves at the heart of the Lanham Act controversy. But underlying this trademark litigation is a deeper concern: whether the Lanham Act itself is unconstitutional and an encroachment on the freedom of speech.

Publication Date



Antitrust and Trade Regulation

The Mascot Manifesto



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.