(Podcast) The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic
The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic
(Podcast) The Briefing: New California Laws for Digital Replicas Both Live and Dead
(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”
On June 13, 2024, the Supreme Court held that the Lanham Act’s prohibition on registering trademarks utilizing another person's name without consent was constitutional. In Vidal v. Elster 602 U. S. ____ (2024), the Supreme...more
In a 6–3 opinion, the Supreme Court of the United States affirmed a 2017 US Court of Appeals for the Federal Circuit decision holding the ban on registration of immoral or scandalous trademarks under the Lanham Act to be an...more
Last week, on June 24, 2019, the United States Supreme Court ruled that the Lanham Act’s “immoral or scandalous” bar to trademark registration constitutes viewpoint discrimination in violation of the First Amendment, and thus...more
In permitting the registration of the “vulgar” term FUCT, the Supreme Court recently extended its 2016 ruling from Matal v. Tam, which allowed the registration of the trademark THE SLANTS for an Asian-American rock band...more
The road to permitting the registration of George Carlin's "seven dirty words" began in 2017, with the Supreme Court holding unconstitutional the Trademark Act's prohibition against registration of trademarks which are...more
On June 24, 2019, the United States Supreme Court, in Iancu v. Brunetti, reviewing the trademark application for “FUCT”, held that the Lanham’s Act’s provision, prohibiting the registration of “immoral[] or scandalous”...more
In our prior blog entries... we followed the course of Matal v. Tam, the case involving the mark “THE SLANTS.” In that case, the Supreme Court struck down a portion of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), on...more
On Monday, the Supreme Court held that the ban on “immoral or scandalous” trademarks was unconstitutional under the First Amendment. The Court found that, as with the recently struck down ban on “disparaging” marks, the ban...more
The U.S. Supreme Court this week officially pulled the plug on the Lanham Act’s prohibition on the registration of trademarks that comprise “immoral” or “scandalous” matter on First Amendment grounds. The prohibition, found...more
Earlier this week the United States Supreme Court struck down a century-old provision in the Lanham Act that banned the registration of marks deemed “immoral” or “scandalous.” By a 6-3 vote, the Court found in Iancu v....more
On Monday, the U.S. Supreme Court issued an opinion in Iancu v. Brunetti, No. 18-302, finding that the Lanham Act prohibition against registration of scandalous or immoral trademarks violates the First Amendment of the U.S....more
It’s old news by now, but the Supreme Court ruled earlier this week that the immoral and scandalous trademark ban set forth in Section 2(a) of the Lanham Act is unconstitutional under the First Amendment because it disfavors...more
On June 24, 2019, the U.S. Supreme Court held in Iancu v. Brunetti that the Lanham Act’s prohibition on registration of “immoral” or “scandalous” trademarks violates the First Amendment....more
Following its decision on The Slants two years ago, the Supreme Court again lands on the side of free speech in Iancu v. Brunetti. Our Intellectual Property – Trademark & Copyright Group discusses the case of the FUCT...more
On June 24, 2019, the U.S. Supreme Court ruled in Iancu v Brunetti that prohibiting federal registration of “immoral or scandalous” marks violates the free speech provisions of the First Amendment. ...more
George Carlin famously observed that there are seven words you can’t say on TV. Erik Brunetti didn’t get the message and thus sought to register a trademark for a line of clothing called “FUCT.” The U.S. Patent and Trademark...more
Supreme Court rules that the Lanham Act's statutory bar against registering immoral or scandalous marks violates the First Amendment. On June 24, 2019, in Iancu v. Brunetti, 588 U.S. __ (2019), the U.S. Supreme Court...more
The U.S. Supreme Court, in a split decision, held that the federal ban on registering “scandalous” and “immoral” trademarks is an unconstitutional violation of free speech under the First Amendment of the US Constitution. The...more
The Supreme Court has handed another loss to the USPTO by finding a First Amendment violation with the Lanham Act’s prohibition from registering “immoral” and “scandalous” trademarks. Iancu v. Brunetti was brought by an...more
A 6-3 opinion from the Supreme Court of the United States in Iancu v. Brunetti affirmed a Federal Circuit 2017 decision. Both rulings found the ban on the registration of immoral or scandalous trademarks under the Lanham Act...more
On June 24, 2019, the U.S. Supreme Court issued its decision in Iancu v. Brunetti and struck down a provision in the Lanham Act (15 U.S.C. § 1052(a)) prohibiting the registration of “immoral” and “scandalous” trademarks,...more
Following on the heels of Matal v. Tam in 2017, the Supreme Court on Monday issued a 6-3 opinion in Iancu v. Brunetti striking down the Lanham Act’s prohibition on “immoral” and “scandalous” trademarks, holding that it...more
The Supreme Court unanimously held on June 24, 2019, that the Lanham Act’s prohibition on registering “immoral” trademarks with the U.S. Patent and Trademark Office (USPTO) infringes upon the First Amendment because such a...more
On June 24, 2019, the U.S. Supreme Court ruled, in a 6-3 decision in Iancu v. Brunetti, 588 U.S. ____ (2019), that Section 2(a) of the Lanham Act’s ban on the registration of “immoral” or “scandalous” trademarks violates the...more
Section 2(a) of the Lanham Act states that the U.S. Patent and Trademark Office (USPTO) may refuse registration for any trademark that “consists of or comprises immoral . . . or scandalous matter.” On June 24th, 2019, in...more