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First Amendment › United States Patent and Trademark Office › Intellectual Property Protection

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

Bradley Arant Boult Cummings LLP

Trademarking History: Justices Uphold Names Clause, Clash Over Reasoning

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On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and...more

Seyfarth Shaw LLP

Lanham Act’s Personal Names Restriction Does Not Violate First Amendment

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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

Bradley Arant Boult Cummings LLP

What’s in a Name? Too Much to Trademark According to the USPTO

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With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the relationship between the Lanham Act and First...more

Kohrman Jackson & Krantz LLP

Supreme Court to Examine Free Speech Limits in “TRUMP TOO SMALL” Trademark Case

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The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the...more

Woods Rogers

What Barbenheimer Can Teach Us About Intellectual Property

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Barbenheimer is a new term for consecutively watching the movies “Barbie” and “Oppenheimer.”  In honor thereof, we present the Barbenheimer Legal Alert. Did you know Mattel sued, and lost, to stop the “Barbie Girl” song?...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2023

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Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

Seyfarth Shaw LLP

SCOTUS To Examine Whether First Amendment “Trumps” Lanham Act

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The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment....more

McDonnell Boehnen Hulbert & Berghoff LLP

Hear Ye! Hear Ye! Some larger policy implications of the dog toy

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The much-anticipated oral arguments for the case between Jack Daniel’s and a dog toy company, VIP Products, took place at the Supreme Court of the United States on March 22. One of the issues is whether “dog toys [are]...more

McDermott Will & Emery

2022 IP Outlook Report: The Developments Shaping Trademark Law

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KEY TAKEAWAYS AND OUTLOOK FOR 2022 - While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further...more

Bodman

Disparaging, Immoral, and Scandalous Trademarks: Just Because You Can, Doesn’t Mean You Should

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At a Glance - Even though the Supreme Court has paved the way for brands to register trademarks that may be considered disparaging, immoral, or scandalous, brand owners are reversing themselves and voluntarily changing....more

Hogan Lovells

Tips for Companies Saying Goodbye to Racial Stereotypes in Branding

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The last year has seen urgent discussions concerning racism, discrimination, police violence, inequality, and social justice come to the forefront of life in the United States. Corporate America – and its brands – responded...more

Alston & Bird

Mark This Down – January 2020

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Welcome to the first edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover scandalous First Amendment rights, a disappointing day...more

International Lawyers Network

“...For me? As what? Tough guy? I don’t need tough guys. I need more lawyers...”: Intellectual Property Law In Criminal Matters

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There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter...more

Fox Rothschild LLP

Supreme Court To Decide Whether “Scandalous Clause” Passes Constitutional Muster

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Just over a year ago, the U.S. Court of Appeals for the Federal Circuit held that a century-old ban prohibiting the United States Patent and Trademark Office (PTO) from registering “scandalous” and “immoral” trademarks...more

Weintraub Tobin

“Honey Badger Don’t Care”: The Rogers Test And Trademark Infringement

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Christopher Gordon is a comedian who created a viral video about the honey badger with the notable catch phrase, “Honey Badger Don’t Care,” among others. He later trademarked that phrase and sued greeting card companies for...more

Akerman LLP - Marks, Works & Secrets

Tam Extended: Prohibition of “Immoral and Scandalous” Trademarks Unconstitutional

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The Court of Appeals for the Federal Circuit recently extended First Amendment protections for trademark applications in In re Brunetti, No. 15-1109 (Fed. Cir. December 15, 2017), ruling that Section 2(a) of the Lanham Act’s...more

Fenwick & West LLP

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

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The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Sheppard Mullin Richter & Hampton LLP

News of Note in IP

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Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

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