Reply To: 43(a) protection of scandalous marks

Forums General discussion 43(a) protection of scandalous marks Reply To: 43(a) protection of scandalous marks

#319
Stacey DoganStacey Dogan
Participant

It’s a really interesting issue, but I think I disagree. If someone started selling Redskins T-shirts that were not a parody or commentary, i suspect that a court would find them infringing and/or counterfeit. I thought that the general consensus after the Redskins opinion was that the team had lost its registration, but probably not its common law rights. But what do I know? I guess the important thing is just to soften the language and make clear that the issue has never been addressed so remains an open question.