For decades, the Lanham Act has prohibited the registration of “immoral, scandalous and disparaging” trademarks. Marks such as Mormon Whiskey (water treatment and distribution) and Bulls**t (beverages) have been refused registration based on one or more of these grounds.

And one of the most well-known disparagement cases is now working its way through the courts: Pro Football Inc. is appealing the cancellation of its Washington Redskins trademark registrations, found to be disparaging to Native Americans.

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