American University Law Review Volume 63 | Issue 4 Article 3 2014 Stabilizing Morality in Trademark Law Christine Haight Farely American University Washington College of Law,
[email protected] Follow this and additional works at: http://digitalcommons.wcl.american.edu/aulr Recommended Citation Farely, Christine Haight. " Stabilizing Morality in Trademark Law." American University Law Review 63, no.4 (2014): 1019-1050. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact
[email protected]. Stabilizing Morality in Trademark Law Keywords Jurisprudence, Law & ethics, Trademark licenses, Lessors of Nonfinancial Intangible Assets (except Copyrighted Works), Trademarks -- Law & legislation -- United States, Law -- Interpretation & construction This article is available in American University Law Review: http://digitalcommons.wcl.american.edu/aulr/vol63/iss4/3 STABILIZING MORALITY IN TRADEMARK LAW CHRISTINE HAIGHT FARLEY* Almost all of the commentary conceming the statutory prohibition on registering offensive trademarks lambasts it as a misguided attempt to enforce civility through trademark law. This Article carefully considers the challenges accompanying section 2(a) of the U.S. Trademark Act and defends it as good policy. There are, however, a few instances in which the jurisprudence under section 2(a) has created more problems than it has solved. To alleviate these problems, this Article proposes judging words per se and abandoning the traditional trademark notion of evaluating words in context.