(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Affiliate Marketing vs Retail Services - TTAB's Landmark Ruling
AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.
(Podcast) The Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
The Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
(Podcast) The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
PODCAST: Paralegal Insights: A Collaborative Trademark Practice, Series 4
The Briefing by the IP Law Blog – No Beating Around the Bush: TTAB Upholds Anti-Pot Policy
Podcast: The Briefing by the IP Law Blog – No Beating Around the Bush: TTAB Upholds Anti-Pot Policy
Podcast: The Briefing by the IP Law Blog - USPTO Suspends Action on Trademark Applications Targeting Names of Public Figures
The Briefing by the IP Law Blog: USPTO Suspends Action on Trademark Applications Targeting Names of Public Figures
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Paralegal Insights: A Collaborative Trademark Practice
Podcast: The Briefing by the IP Law Blog - Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?
The Briefing by the IP Law Blog: Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Are there are any Trademarks Available? What Should You Do?
NGE On Demand: Trademark Updates Post Brexit with Andrea Fuelleman
The Briefing by the IP Law Blog: Navigating the Hazy Intersection of Cannabis Law & Trademarks
The Briefing: COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law
There has long been a tension between the Free Speech Clause of the First Amendment of the U.S. Constitution and federal trademark law. In two relatively recent Supreme Court trademark cases, the First Amendment won, enabling...more
Vidal v. Elster, 602 U.S. (2024) - In a landmark decision affirming longstanding principles of trademark law, the United States Supreme Court ruled that the Lanham Act’s names clause does not violate the First Amendment,...more
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
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
Last week, the U.S. Supreme Court decided in Vidal v. Ester, 602 U.S. ___ (2024) that the federal prohibition on registering trademarks that identify a living individual without their consent does not violate the First...more
The June 13, 2024, U.S. Supreme Court decision in Vidal v. Elster made waves in the trademark community. All of the Court’s decisions are significant, and this matter was of particular interest because the decision marked the...more
In Vidal v. Elster, the Supreme Court addressed the constitutionality of Section 2(c) of the Lanham Act, which prohibits the registration as a trademark or service mark of any “name, portrait, or signature identifying a...more
In a recent unanimous decision in the case Vidal v. Elster (602 U.S. ___ (2024)), the U.S. Supreme Court upheld the refusal to register a federal trademark for the phrase “Trump Too Small” based on the fact that the Lanham...more
Yesterday, in Vidal v. Elster, the Supreme Court rejected a challenge to the constitutionality of Section 2(c) of the Trademark Act (15 U.S.C. § 1052(c)), which prohibits registration of a mark that “[c]onsists of or...more
As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more
The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey...more
In what appears to be a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment grounds, the U.S. Supreme Court seems likely to rule against a trademark applicant seeking to register a...more
Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill. In 2007, Louis Vuitton sought to...more
If you missed reading about this case, buckle up! It has some fascinating twists and turns, along with the opportunity to brush up on the Lanham Act and see how the First Amendment’s freedom of speech clause is now at odds...more
The Supreme Court granted certiorari and will review the Federal Circuit’s opinion that Section 2(c) of the Lanham Act is unconstitutional as applied to a trademark for the term TRUMP TOO SMALL. The TRUMP TOO SMALL trademark...more
The US Patent & Trademark Office (PTO) denied registration of several US trademark applications for the mark FUCK, even though the applicant had overcome a prohibition on the registration of “immoral or scandalous” trademarks...more
IN RE STEVE ELSTER - Before Dyk, Taranto, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary: The Patent and Trademark Office violated the First Amendment by refusing to register the trademark TRUMP...more
On May 9, 2019, Kim Kardashian West and Kanye West’s fourth child, Psalm West, was born. On May 18, 2019, Kim Kardashian West’s company, fittingly named Kimsaprincess Inc., filed sixteen trademark applications for PSALM...more
Effective August 3, 2019, all foreign-domiciled trademark applicants, registrants and parties to proceedings before the Trademark Trial and Appeal Board must be represented by an attorney who is licensed to practice law in...more
China to Tariff U.S. Food Commodities - China has reportedly imposed tariffs on imports of U.S.-made agricultural products, including pork, soybeans, wheat, beef, orange juice, whiskey and corn, following the United...more
Simon Tam of the Asian rock band, The Slants, probably was not envisioning an 8-year-long legal battle when he chose the group’s name. Slant is known as a racial slur for Asians. Tam hoped to strip the term of its derogatory...more
On March 10, 2016, The United States Patent and Trademark Office (“USPTO”) issued new examination guidance for trademark applications containing potentially immoral or scandalous matter, which is expressly prohibited by...more