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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #4

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The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2024 #3

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The U.S. Twirling Association and a coach must pay nearly $4.2 million to a baton twirler who was sexually assaulted as a minor during a sponsored international trip, a New York federal jury has found, saying the organization...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2024 #3

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A federal appeals court on Tuesday overturned the West Virginia law banning transgender girls from playing on girls’ sports teams, finding that it violates Title IX, the federal civil rights law that prohibits sex-based...more

CMCP - California Minority Counsel Program

In Matal V. Tam, Scotus Rules Prohibition On Disparaging Trademarks Unconstitutional

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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

Kramer Levin Naftalis & Frankel LLP

If You Have Nothing Nice to Say, Say ®

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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

Pillsbury Winthrop Shaw Pittman LLP

Brands that Bite - The Supreme Court unanimously rules that the First Amendment forbids the Trademark Office from refusing to...

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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

Lewitt Hackman

Disparaging, Degrading, Derogatory Trademarks: They're Now Enforceable Says Supreme Court

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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

Jones Day

Siding with The Slants: Ban on Disparaging Marks Held Unconstitutional

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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

Bass, Berry & Sims PLC

Supreme Court Holds that First Amendment Protects Disparaging Trademarks

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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

Fenwick & West LLP

Supreme Court Rocks the Trademark Office in “Slants” Case

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After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit a win this week. In its landmark ruling in Matal v. Tam...more

Bradley Arant Boult Cummings LLP

In Victory for The Slants, U.S. Supreme Court Strikes Lanham Act’s Disparagement Clause

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In Matal v. Tam, the United States Supreme Court struck a provision of the Lanham Act that has been used to deny federal registration of trademarks deemed disparaging to “persons, . . . institutions, beliefs, or national...more

Akerman LLP - Marks, Works & Secrets

Supreme Court: Disparaging Speech Protected By First Amendment Lanham Section 2(a) Unconstitutional: A Win for the Slants and the...

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In a unanimous (albeit fractured) decision written by Justice Alito, the United States Supreme struck down a provision of the Lanham (Trademark) Act barring registration of “disparaging” trademarks, handing a victory to...more

Mintz - Trademark & Copyright Viewpoints

Matal v. Tam: U.S. Supreme Court Holds Prohibition on Disparaging Trademarks Unconstitutional under First Amendment

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In a unanimous decision handed down on June 19th, the U.S. Supreme Court struck down as unconstitutional a long-standing prohibition against federal registration of “disparaging” trademarks, finding that the this provision of...more

Orrick, Herrington & Sutcliffe LLP

Even Disparaging Trademarks are Registerable

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The Supreme Court recently ruled 8-0 that the U.S. Patent and Trademark Office (“USPTO”) can no longer refuse to register trademarks because it deems them “disparaging” pursuant to a section of the federal trademark statute. ...more

Womble Bond Dickinson

Supreme Court Rules in Favor of Slants Rock Band

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On Monday, June 19, 2017, the U.S. Supreme Court (“SCOTUS”) invalidated a 70-year-old provision of U.S. trademark law that previously barred registration of “offensive” trademarks. The high court held that the federal...more

Jackson Walker

Upon Further Review: Supreme Court Ruling Means “Redskins” Trademark Registrations Are Still In Play

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This week the U.S. Supreme Court held the “disparagement clause” – a federal trademark provision that prohibits the registration of a trademark “which may disparage” . . . persons, . . . , institutions, . . . beliefs, or...more

Sherman & Howard L.L.C.

Intellectual Property Update: High Court Rules That Trademark Registration May Not Be Denied Due To Offensiveness

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In an 8-0 ruling, the U.S. Supreme Court this week struck down a provision of the federal Lanham Act prohibiting the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any...more

Akerman LLP - Marks, Works & Secrets

Supreme Court Rejects Effort By Redskins to Join Slants

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The Supreme Court rejected the effort by the Washington Redskins to skip the 4th Circuit and Join the hearing of the USPTO appeal of the SLANTS case....more

Dickinson Wright

Brandmarking - Volume 5, Number 2 - October 2016

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Supreme Court Review of “Disparagement” Trademark Case May – or May Not – Implicate First Amendment, Impact Washington Redskins Case - The U.S. Supreme Court yesterday agreed to hear one of two high-profile cases that...more

McNees Wallace & Nurick LLC

Intellectual Property 2014 Year in Review

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The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

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