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2009

American University Washington College of Law

Amicus Briefs

Trademark cancellation claims

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Brief Of Law Professors As Amici Curiae In Support Of The Petitioners, Harjo V. Pro-Football Inc., Victoria Phillips, Christine Haight Farley Jan 2009

Brief Of Law Professors As Amici Curiae In Support Of The Petitioners, Harjo V. Pro-Football Inc., Victoria Phillips, Christine Haight Farley

Amicus Briefs

Amici are scholars at U.S. law schools whose research and teaching focus is intellectual property law, federal Indian law and constitutional law. Amici are concerned that the Court of Appeals decision below is inconsistent with the well settled law that laches does not apply to trademark cancellation claims, including those based on disparagement, because of the strong public interest in being free from the harms that disparagement causes.

These harms, which include damaging stereotyping and stigmatization, are serious and deserve protection no matter what private harm may be caused by delay to the trademark registrant. Further, precluding laches in these …