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Tam’s unanswered questions of dilution and Section 7

Michael Loney, New York

Scandalous, immoral and disparaging marks are all now fair game, but the question of dilution is less clear. A speaker at the INTA Annual Meeting also questioned why the government didn’t use Section 7 of the Lanham Act to bolster its argument in Tam

The US Supreme Court in its Matal v Tam decision last year found that Section 2(a) of the Lanham Act’s prohibition on the registration of disparaging marks violated the First Amendment. Its impact is still being felt.

“One of...

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