(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
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
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!
8 Key Takeaways | The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020
PODCAST: Paralegal Insights: A Collaborative Trademark Practice, Series 4
Podcast: The Briefing by the IP Law Blog - USPTO Suspends Applications Including Criticisms of Known Living Figures
The Briefing by the IP Law Blog: USPTO Suspends Applications Including Criticisms of Known Living Figures
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 - Supreme Court Takes Up Jack Daniel’s-Bad Spaniels Trademark Dispute
Season Three Trailer
The Briefing by the IP Law Blog: NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 1)
Podcast: The Briefing by the IP Law Blog - NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 1)
JONES DAY TALKS®: Buckeyes Win: Ohio State Secures Trademark for “THE”
5 Key Takeaways | Combating Misrepresentations in Trademark Prosecution and Maintenance
Podcast: The Briefing by the IP Law Blog - THE Ohio State University Registers "The" as a Trademark
The Briefing by the IP Law Blog: THE Ohio State University Registers "The" as a Trademark
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Taylor...more
Thank you for reading the May 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Spotify's exploration into NFTs, two new USPTO policies with practical implications for trademark applicants...more
Consumers do not associate the names Phish, Grateful Dead, and Moon Taxi with an animal, a scary movie, and a spaceship. Instead, these names likely recall the bands’ popular songs, albums, and memorable concerts....more
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
In a precedential decision, the United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) affirmed the refusal to register the trademark GOD BLESS THE USA for home decor items on the ground...more
The Asian American members of the band the Slants adopted that name to “reclaim” and “take ownership” of the derogatory term. The United States Patent and Trademark Office (“USPTO”) refused to register a trademark application...more
In 2014, the Washington Redskins lost a battle before the Trademark Trial and Appeal Board (“TTAB”) where the petitioner, a group of Native American activists, sought cancellation of the “Washington Redskins” trademark, which...more
Last week the Supreme Court ruled that the Trademark Office may not refuse federal registration to a trademark merely because the mark is “disparaging.” The decision has attracted a lot of media attention, much of it...more
In an 8–0 decision, the Supreme Court of the United States affirmed an en banc panel of the US Court of Appeals for the Federal Circuit and found the disparagement clause of the Lanham Act to be facially unconstitutional...more
Trademarks do not constitute government speech, the U.S. Supreme Court recently ruled. Instead, trademarks qualify as speech protected by the First Amendment Free Speech Clause. As a result, the government cannot reject a...more
Simon Tam is the lead singer of the rock group call “The Slants’, which is composed of Asian-Americans. Tam applied for federal trademark registration of the band’s name. While the term “slants” is a derogatory term for...more
Justice Alito’s summary opinion announced in Court Monday morning, in what has come to be known as the Slants case (Matel v. Tam, 582 U.S. ___ (June 19, 2017), was short and sweet but the trademark applications we can expect...more
On June 19, the Supreme Court struck down as unconstitutional a provision of the Lanham Act prohibiting federal registration of disparaging trademarks. The Court’s ruling in Matal v. Tam, 582 U.S. ___, No. 15-1298 (June 19,...more
Since its enactment as the basic federal law on trademarks in 1946, the Lanham Act has prohibited the registration of “derogatory” trademarks with the United States Patent and Trademark Office (USPTO). On June 19, 2017, the...more
By striking down the “disparagement clause,” a 70-year-old provision of federal trademark law, the Supreme Court’s ruling this week in Matal v. Tam has the potential to change the ways in which people conceive, market,...more
You may remember that several national sports franchises are under fire for trademarks and branding that is seen to be racially disparaging. The Washington Redskins are the first team to come to mind, and it wasn’t too long...more
Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act,...more
This week, the U.S. Supreme Court emphasized the importance of broad free speech protection in striking down a statute that allows the U.S. Patent and Trademark Office (USPTO) to refuse registration of disparaging trademarks....more
The Federal trademark statute’s more-than-60-year prohibition on registering trademarks that may be viewed as disparaging goes out the window with the United States Supreme Court’s recent unanimous decision. The Court ruled...more
Amid the hullabaloo over the U.S. Supreme Court’s decision this week in Matal v. Tam, a much broader and potentially more significant development might be overlooked. It shouldn’t be. The case involved Simon Tam’s band...more
In a closely watched decision, the eight participating members of the Supreme Court unanimously held that the so-called disparagement clause of the Lanham Act violates the First Amendment. The high-profile case of Matan v....more
On June 19, 2017, in Matal v. Tam, previously Lee v. Tam, the Supreme Court handed down its most impactful interpretation of the disparagement clause of the Lanham Act to date by holding that at its intersection with the...more
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
In a victory for the Asian-American rock band The Slants, the Supreme Court ruled on June 19 that the ban on the registration of disparaging trademarks under Section 2(a) of the Lanham Act violates the First Amendment. The...more
In a decision that is being heralded as a victory for First Amendment freedoms, the United States Supreme Court struck down the so-called disparagement provision of the Lanham Act, 15 U.S.C. §1052(a), on the basis that the...more