Copyright Concerns Dog PTO at High Court in ‘Slants’ Case


Joanne Ludovici, regarding Supreme Court oral argument in Lee v. Tam over the Patent and Trademark Office’s rejection of trademarks for objectionable material, said that trademarks may not have the same historical relationship to free speech as copyright law because copyright is specifically enumerated in the Constitution for the purpose of fostering creativity and expression, while trademarks are not.