Federal Circuit Holds “Trademark Disparagement” Not A Claim Under the Lanham Act

Amanda Smith — Thu, 25 Oct 2007 17:16:52 -0700

Defendant Tim Oey appealed a preliminary injunction preventing him from using the Internet to protest the trademark application of plaintiff, The Freecycle Network, Inc. (TFN), which was seeking to trademark the term “freecycle.” The case examined whether the Lanham Act allows a claim for “trademark disparagement” and whether trademark applicants may use the Act to suppress speech that opposes registration of a mark and encourages its generic use. The Court of Appeals for the Ninth Circuit held the Lanham Act does not allow such claims and vacated and remanded the district court’s order, holding that TFN could not enjoin Oey from expressing his objection to trademarking the freecycle name.

The Freecycle Network, Inc. v. Tim Oey and Jane Doe Oey, No. 06-16219 (Sept. 26, 2007).