Fitzpatrick Case Update
January 19, 2017
On January 18, 2017, the United States Supreme Court heard oral argument in Michelle K. Lee, Director, United States Patent and Trademark Office v. Simon Shiao Tam, No. 15-1293. The decision in this case will address whether Section 2(a) of the Lanham Act, which permits the United States Patent and Trademark Office (USPTO) to refuse to register “disparaging” trademarks, is constitutional under the First Amendment.