Forums › General discussion › 43(a) protection of scandalous marks › Reply To: 43(a) protection of scandalous marks
August 3, 2014 at 9:46 pm #319
It’s a really interesting issue, but I think I disagree. If someone started selling Redskins T-shirts that were not a parody or commentary, i suspect that a court would find them infringing and/or counterfeit. I thought that the general consensus after the Redskins opinion was that the team had lost its registration, but probably not its common law rights. But what do I know? I guess the important thing is just to soften the language and make clear that the issue has never been addressed so remains an open question.