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Trademark law clashes with the First Amendment

February 10th, 2017 by efitzpatrick

Niki Kuckes, RWU professor of law who had a Washington, D.C, litigation practice encompassing copyright, First Amendment, legal malpractice and white-collar criminal matters:

Should a term like “the slants,” which is deeply offensive to many Asian-Americans, be granted the benefits of heightened legal protection afforded to federally registered trademarks? Or should the Trademark Office have the power to refuse to register such a “disparaging” trademark?