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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.
Antitrust and Trade Regulation
O'Driscoll, Zachary S., "The Mascot Manifesto" (2016). Learning Showcase 2016: A Celebration of Discovery, Transformation and Success. 47.