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Advertising Law Updates

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Food Truck Wins First Amendment Lawsuit Over Offensive Name

The "Wandering Dago" food truck sued the New York State Office of General Services ("OGS") after the OGS denied the food truck's application to be a part of the OGS Summer Outdoor Lunch Program on the grounds that the name of the the food truck contained an ethnic slur.  

Reversing the lower court's opinion, the United States Court of Appeals for the Second Circuit ruled   yesterday in the food truck's favor.  The court said that by rejecting the food truck's application solely on the basis of its branding, the OGS had violated the food truck's First Amendment rights. 

We felt very strongly that the state was wrong when they censored our clients’ business simply on the basis of a name

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advertising, first amendment, trademark