Recent Supreme Court Trademark Decisions and Cannabis Registrations

Abstract

The prohibition on immoral trademarks has been steadily eroding as a result of First Amendment litigation at the United States Supreme Court. In light of recent Supreme Court decisions on trademark registrations and free speech, the question then becomes: Is the Lanham Act’s ban on cannabis trademark registrations justifiable in light of the First Amendment in view of these recent cases?

Keywords: cannabis, marijuana, First Amendment, Freedom of Speech, Constitutional, medical marijuana, Cole Memo, law, United States, Trademark Law, Intellectual Property Law, Brunetti, Tam