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- Title
THE MASCOT MANIFESTO: CHALLENGING THE CONSTITUTIONALITY OF SECTION 2(A) OF THE LANHAM ACT IN A HEIGHTENED ERA OF POLITICAL CORRECTNESS.
- Authors
O'DRISCOLL, ZACHARY S.
- Abstract
The article discusses the constitutionality of Section 2(A) of the U.S. Lanham Act federal trademark statute in relation to political correctness and the legal aspects of sports mascots. The First Amendment to America's Constitution is addressed, along with U.S. Patent and Trademark Office attorneys and rejections of trademarks that are deemed to by disparaging. Musician Simon Shiao Tam's band name trademark litigation is examined, along with litigation involving the Pro-Football Inc. firm.
- Subjects
UNITED States; TRADEMARK Act of 1946 (U.S.); SPORTS team mascots; POLITICAL correctness; UNITED States. Constitution. 1st Amendment; TRADEMARK laws; TAM, Simon, 1981-; PRO-Football Inc.; UNITED States. Patent &; Trademark Office; EMPLOYEES; ACTIONS &; defenses (Law); LAW
- Publication
Capital University Law Review, 2017, Vol 45, Issue 1, p161
- ISSN
0198-9693
- Publication type
Article