Lee Rowland , Speech, Privacy & Technology, American Civil Liberties Union Foundation, New York, NY, argued for amici curiae American Civil Liberties Union, American Civil Liberties Union of Oregon, American Civil Liberties Union of the National Capital Area. Also represented by Esha Bhandari , Brett Max Kaufman ; Arthur B. Spitzer , American Civil Liberties Union of the National Capital Area, Washington, DC; Mathew W. Dos Santos , ACLU of Oregon, Portland, OR.
Charanjit Brahma , Troutman Sanders LLP, San Francisco, CA, for amici curiae Fred T. Korematsu Center for Law and Equality, National Asian Pacific American Bar Association, South Asian Bar Association of Washington, DC. National Asian Pacific American Bar Association also represented by GEORGE C. CHEN , Bryan Cave LLP, Phoenix, AZ.
Hugh C. Hansen , Fordham University School of Law, New York, NY, as amicus curiae pro se.
Lawrence Kurt Nodine , Ballard Spahr LLP, Atlanta GA, for amicus curiae International Trademark Association. Also represented by Robert D. Carroll , Goodwin Procter LLP, Boston, MA.
Phillip R. Malone , Juelsgaard Intellectual Property and Innovation Clinic, Mills Legal Clinic, Stanford Law School, Stanford, CA, for amicus curiae Public Knowledge. Also represented by Jeffrey Theodore Pearlman .
Richard L. Stanley , Law Office of Richard L. Stanley, Houston TX, for amicus curiae Richard L. Stanley.
Dissenting opinion filed by Circuit Judge REYNA.
MOORE, Circuit Judge.
Section 2(a) of the Lanham Act bars the Patent and Trademark Office ("PTO") from registering scandalous, immoral, or disparaging marks. 15 U.S.C. § 1052(a). The government enacted this law—and defends it today—because it disapproves of the messages conveyed by disparaging marks. It is a bedrock principle...
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