Document Type

Article

Publication Date

12-2015

Journal Title

Cardozo Arts and Entertainment Law Journal

ISSN

0736-7694

Abstract

This project is an empirical analysis of trademarks that have received rejections based on their “scandalous” nature. It is the first of its kind.

The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act, this piece is the first scholarly project that engages an empirical analysis of the Section 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. This study analyzes which marks are being rejected, what evidence is being used to reject them, and who the applicants are. Our data pays particularly close attention to the evidence used to determine whether a mark is scandalous. We also consider whether this bar is effective at removing these marks from the consumer marketplace.

First Page

321

Last Page

365

Num Pages

45

Issue Number

2

Publisher

Yeshiva University Benjamin N. Cardozo School of Law

FIle Type

PDF

Download

Share

COinS