Supreme Court: Businesses can register scandalous trademarks
The Lanham Act, a federal law that prohibits scandalous and immoral trademarks is unconstitutional, according to a ruling by the U.S. Supreme Court. Registering a trademark has its benefits. Someone who owns an registered trademark can use it in commerce and enforce it. Registering a trademark provides “constructive notice of the registrant’s claim of ownership,” thereby protecting the owner against certain defenses if a patent infringement action arises. With a registered trademark, the owner has constructive