Abstract

http://ssrn.com/abstract=2439958
 


 



Stabilizing Morality in Trademark Law


Christine Haight Farley


American University - Washington College of Law

May 19, 2014

63 American University Law Review 101 (2014)
American University, WCL Research Paper 2014-19.

Abstract:     
Almost all of the commentary concerning the statutory prohibition on registering offensive trademarks lambasts it as a misguided attempt to enforce civility through trademark law. This Article carefully considers the challenges accompanying section 2(a) of the U.S. Trademark Act and defends it as good policy. There are, however, a few instances in which the jurisprudence under section 2(a) has created more problems than it has solved. To alleviate these problems, this Article proposes judging words per se and abandoning the traditional trademark notion of evaluating words in context. Judging words per se is warranted given the very different objectives underlying section 2(a) as compared with the rest of the Trademark Act.

Number of Pages in PDF File: 33

Keywords: trademark, Lanham Act, morality, scandalous, disparaging, registration, Redskins

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Date posted: May 23, 2014 ; Last revised: September 5, 2014

Suggested Citation

Farley, Christine Haight, Stabilizing Morality in Trademark Law (May 19, 2014). 63 American University Law Review 101 (2014); American University, WCL Research Paper 2014-19.. Available at SSRN: http://ssrn.com/abstract=2439958

Contact Information

Christine Haight Farley (Contact Author)
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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