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Indigenous, Indian, and Aboriginal Law

2014

American University Washington College of Law

Redskins

Articles 1 - 1 of 1

Full-Text Articles in Law

Stabilizing Morality In Trademark Law, Christine Haight Farley Jan 2014

Stabilizing Morality In Trademark Law, Christine Haight Farley

Articles in Law Reviews & Other Academic Journals

Almost all of the commentary concerning the statutory prohibition on registering offensive trademarks lambasts it as a misguided attempt to enforce civility through trademark law. This Article carefully considers the challenges accompanying section 2(a) of the U.S. Trademark Act and defends it as good policy. There are, however, a few instances in which the jurisprudence under section 2(a) has created more problems than it has solved. To alleviate these problems, this Article proposes judging words per se and abandoning the traditional trademark notion of evaluating words in context. Judging words per se is warranted given the very different objectives underlying …