Full Federal Circuit to Review Ruling on Disparaging Trademarks


Joanne Ludovici assessed an upcoming Federal Circuit case on whether the Trademark Trial and Appeal Board can reject trademark applications as « scandalous » or « disparaging, » noting that these concepts are something that trademark lawyers “wrestle with all the time—what does ‘disparaging’ mean? » Currently, she noted, any mark that carries a whiff of controversy seems to get rejected by the TTAB.