Law Commons^™

The First Amendment Walks Into A Bar: Trademark Registration And Free Speech, Rebecca Tushnet

Notre Dame Law Review

This Article analyzes the First Amendment arguments against section

2(a)’s disparagement bar with reference to the consequences of any

invalidation on the rest of the trademark statute. My fundamental conclusions

are that In re Tam is wrongly reasoned even given the Supreme Court’s

increased scrutiny of commercial speech regulations, and that to hold otherwise

and preserve the rest of trademark law would require unprincipled distinctions

within trademark law. More generally, the Supreme Court’s First

Amendment jurisprudence has become so expansive as to threaten basic

aspects of the regulatory state; the result of subjecting economic regulations

such as trademark registration to …

The Challenges Of Following Good Advice About Copyright And The First Amendment, Alfred C. Yen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.

Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann

Sonia Katyal

No abstract provided.

Keynote Address: Censorship In The Guise Of Authorship: Harmonizing Copyright And The First Amendment, M. Margaret Mckeown

Chicago-Kent Journal of Intellectual Property

No abstract provided.