United States Fourth Circuit

In an action seeking declaratory judgment that plaintiff had not infringed defendant-NAACP's trademarks when it published an online article entitled "NAACP: National Association for the Abortion of Colored People", the district court's injunction against plaintiff is vacated where plaintiff is not liable for trademark infringement or dilution of defendant's marks by tarnishment, because the Lanham Act cannot be used to curtain plaintiff's expressive right to comment on social issues under the First Amendment.

Appellate Information

• Decided 05/19/2015
• Published 05/19/2015

Judges

• WILKINSON

Court

• United States Fourth Circuit

Counsel