Citing Section 2(b) of the Lanham Act, the U.S. District Court for the Eastern District of North Carolina recently cancelled one of real estate brokerage firm Re/Max’s trademarks, finding it to be nearly identical to the Netherlands’ flag. This seldom-cited section of the Lanham Act prevents federal registration of a mark that “[c]onsists of or comprises the flag or coat of arms or other insignia of the United States or of any State or municipality of any foreign nation or any simulation thereof.”
