Abstract

http://ssrn.com/abstract=2383412
 


 



Harjo v. Pro-Football, Inc.: Brief of Law Professors as Amici Curiae in Support of the Petitioners


Victoria F. Phillips


American University - Washington College of Law

Christine Haight Farley


American University - Washington College of Law

October 16, 2009

130 S.Ct. 631 (2009)

Abstract:     
Disparagement claims belong in the category of trademark cancellation claims that are not subject to laches defenses because the harm to the public in the continued registration of the mark outweighs any private harm that may be caused by the delay. This exception categorically precludes application of the laches defense and does not require a balancing of the equities that occurs in ordinary cases involving a laches defense. Courts have recognized that the equitable defense is inapplicable in disputes in which there is a public harm caused by the continued legislation and enforcement of the mark.

Disparagement claims explicitly target the public harms of perpetuating offensive stereotypes. If laches defenses are barred in cancellation claims that only implicitly protect the public, then that doctrine clearly extends to cancellation claims that explicitly protect the public from harm.

Number of Pages in PDF File: 27

Keywords: trademark, disparagement, laches

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Date posted: January 24, 2014  

Suggested Citation

Phillips, Victoria F. and Farley, Christine Haight, Harjo v. Pro-Football, Inc.: Brief of Law Professors as Amici Curiae in Support of the Petitioners (October 16, 2009). 130 S.Ct. 631 (2009). Available at SSRN: http://ssrn.com/abstract=2383412

Contact Information

Victoria F. Phillips (Contact Author)
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
Christine Haight Farley
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
202-274-4171 (Phone)
202-274-0830 (Fax)
HOME PAGE: http://wcl.american.edu/fac/farley
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