Frankly My Dear I Don’t Give a Tam: The Oddball Consequences of In re Tam

Tam Would Likely Result in Striking All “Immoral, Scandalous, or Disparaging” Restrictions, Not Just Disparaging. Social media, eCommerce, customizable clothing companies, and a changing culture have made it much more commonplace to encounter offensive or scandalous content in public, and, to a much lesser extent, in the marketplace. Indeed, the world of brand names has remained mostly chaste, in large part because such a mark would not be easily enforced. It would be rejected from registration as being immoral, scandalous, or disparaging, and, thus, unregistrable on the U.S. Principal Register under Section 2(a) of the Lanham Act, which states that: