******************* Although the constitutionality of § 2(a) has proven very interesting to practitioners, mark owners and the general public, the issues presented in the Tam and Pro-Football cases may appear to be of limited practical relevance to most mark owners. After all, the majority of registered trademarks pose little risk of being considered disparaging. But the intersection of intellectual property and First Amendment rights is far from uncommon. These separate rights must be balanced, for example, in situations involving parody; use of trademarks on t-shirts, film titles and other expressive works of authorship; and duplication of photographs in social media commentary.

These and many other situations involving First Amendment rights often do not lend themselves to bright-line tests. An experienced IP attorney can help navigate this constantly evolving area of the law. www.kattenlaw.com AUSTIN | CENTURY  CITY | CHARLOTTE | CHICAGO | HOUSTON | IRVING | LONDON | LOS  ANGELES | NEW  YORK | ORANGE  COUNTY | SAN  FRANCISCO  BAY  AREA | SHANGHAI | WASHINGTON,  DC Attorney advertising. Published as a source of information only.

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