In a long-awaited decision, the U.S. Supreme Court invalidated a restriction on registering trademarks deemed “scandalous” or “immoral”. In the Brunetti case, the U.S. Supreme Court was asked whether the provision of the...more
6/26/2019
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Reaffirmation ,
Reversal ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO ,
Viewpoint Discrimination
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
6/26/2017
/ Disparagement ,
First Amendment ,
Football ,
Free Speech ,
Lanham Act ,
Matal v Tam ,
Music Industry ,
NFL ,
Redskins ,
SCOTUS ,
Team Mascots ,
The Slants ,
Trademark Registration ,
Trademarks ,
USPTO
The internet is a powerful channel for communication, with great strengths compared to other media. It has been referred to as the "largest public space in human history”.
Internet communications can reach an unlimited...more
One of today's challenges faced by franchisors and franchise systems is negative remarks posted online by a customer, ex-employee, or even a dissatisfied franchisee. Negative comments appear in sites created specifically to...more
10/2/2015
/ Cease and Desist ,
Defamation ,
DMCA ,
Facebook ,
First Amendment ,
Franchises ,
Online Reviews ,
Personal Brands ,
Social Media ,
Takedown Notices ,
Terms and Conditions ,
Twitter ,
Yelp