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Carrie Webb Olson, chair of Day Pitney's trademark practice group, was quoted in an article, "Offensive Trademark Ban Going Down? It Probably Should" in Law360. In the article, Olson discussed the importance of the U.S. Supreme Court recently granting certiorari to consider whether to strike down the federal government's ban on offensive trademarks. Olson said she hoped the justices would agree with the Federal Circuit, which declared the Lanham Act's ban on "disparaging" trademark registration violates the First Amendment. The government's defense against First Amendment accusations has been that denying someone a registration doesn't really cause them much harm. Olson, however, said registration is important. "The USPTO seems to be taking the position that a registration is just a piece of paper with only a few small benefits, so losing it isn't that big of a deal," Olson said. "But it is a big deal. You're really a second-class citizen as an unregistered trademark owner."
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This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.