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Trademark law clashes with the First Amendment

Trademark law clashes with the First Amendment

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? This question was posed at the U.S. Supreme Court in January, when trademark law collided with the…

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