Tam’s unanswered questions of dilution and Section 7
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.
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