Part II discusses the case’s factual and procedural background. Part III provides background on the relevant aspects of federal trademark law governing registration and the constitutional doctrines relevant to the instant decision. Part IV lays out the court’s decision and its reasoning. Finally, Part V critiques the majority’s analysis, particularly its application of the doctrine of unconstitutional conditions. It then argues that, under the legal doctrines relied upon by the majority, section 2(a) of the Lanham Act is constitutional.
Slanting Trademark Choices in the Right Direction: Why Section 2(a) of the Lanham Act Promotes the Interests of Consumers,
82 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol82/iss1/11