As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The...more
6/19/2024
/ First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Lanham Act ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO ,
Vidal v Elster
In a previous Legal Update, we discussed how COVID-19 would likely provide a basis for claiming excusable nonuse of a trademark. A related issue is whether a pandemic-related interruption in use of a trademark could delay the...more