News & Analysis as of

Free Speech Trademark Trial and Appeal Board Trademark Litigation

McDermott Will & Emery

Supreme Court Upholds Constitutionality of Lanham Act’s Names Clause

McDermott Will & Emery on

In Vidal v. Elster, a unanimous Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s decision, holding that the Lanham Act’s names clause does not violate the First Amendment or...more

Troutman Pepper

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

Troutman Pepper on

In a landmark decision written by Justice Clarence Thomas, the Supreme Court has unanimously upheld the constitutionality of the Lanham Act’s provision that prohibits the registration of trademarks consisting of, or...more

McDermott Will & Emery

“TRUMP TOO SMALL” Trademark Decision Leaves Big Questions

McDermott Will & Emery on

Revisiting jurisprudence touching on the Lanham Act and the First Amendment from the Supreme Court’s decisions in Matal v. Tam and Iancu v. Brunetti, the US Court of Appeals for the Federal Circuit held that applying Sec....more

Harris Beach PLLC

Significant Intellectual Property Trademark Decisions

Harris Beach PLLC on

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

Ladas & Parry LLP

Washington Redskins’ Us Trademark Registrations Reinstated By The Fourth Circuit

Ladas & Parry LLP on

On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in...more

Ladas & Parry LLP

Refusal To Register Scandalous And Immoral Trademarks Ruled As Unconsitutional By Federal Circuit

Ladas & Parry LLP on

Following the Supreme Court’s ruling in In re Tam that a refusal to register disparaging trademarks is an unconstitutional violation of freedom of speech reported on June 19, 2017, the Court of Appeals for the Federal Circuit...more

Fish & Richardson

Matal v. Tam : The Supreme Courts Sacks the Ban on Disparaging Trademarks

Fish & Richardson on

The decision in Matal v. Tam is a resounding reaffirmation of the First Amendment freedom of speech in a commercial context. The Supreme Court has spoken loud and clear that Section 2(a) of the Lanham Act (the...more

Foley Hoag LLP - Trademark, Copyright &...

Of Slants, Skins and Signs: The Coming First Amendment Showdown

Are we heading for a constitutional showdown over Section 2(a) of the Lanham Act? Will the Supreme Court strike down this prohibition on disparaging marks as an abridgement of First Amendment rights? It is certainly...more

Cooley LLP

Alert: Federal Court Upholds Cancellation of REDSKINS Trademark Registration

Cooley LLP on

On July 8, 2015, a federal district court in Virginia upheld a ruling canceling six federal trademark registrations incorporating the term REDSKINS owned by the Washington, D.C. football team. The court agreed with the...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide