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Supreme Court Holds Entities May Register Disparaging Trademarks

The Lanham Act’s restriction on trademarks that disparage persons living or dead violates the First Amendment. Though the United States Patent and Trademark Office (USPTO) has sometimes reversed its position on whether a...more

Supreme Court Outlines New Test for Copyrightability of Useful Articles

The Supreme Court’s ruling in Star Athletica, LLC v. Varsity Brands, Inc. significantly expands copyright protection for useful articles. On March 22, 2017, the US Supreme Court set out a new standard for copyrightability...more

US Supreme Court to Review Standard for Copyright Protection of Clothing

The decision in this case will clarify the conceptual separability test and could offer broader protection for useful articles. The US Supreme Court granted certiorari on May 2 in Star Athletica, L.L.C. v. Varsity...more

Supreme Court Rules That TTAB Decisions Can Have Preclusive Effect in Infringement Actions

The ruling creates new risks to assess in TTAB litigation strategies. On March 24, the US Supreme Court decided in the case of B&B Hardware, Inc. v. Hargis Industries, Inc. that a decision by the Trademark Trial and...more

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