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Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

MoFo IP Newsletter - July 2017

by Morrison & Foerster LLP on

Supreme Court Hits Reset on Patent Venue Law in TC Heartland - In the recent TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a...more

Intellectual Property Law - July 2017

SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting...more

SCOTUS Grants Review of Federal Ban on Sports Gambling

by Reed Smith on

In one of its final acts of the October 2016 term, the Supreme Court of the United States recently agreed to hear a New Jersey challenge to the constitutionality of the Professional and Amateur Sports Protection Act...more

Band Trademark Can Rock On: Lanham Act Disparagement Clause Unconstitutional

by McDermott Will & Emery on

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

Matal v. Tam: Supreme Court Rules USPTO Prohibition of Offensive Marks Based On Disparagement Clause Is Unconstitutional Under...

Historically, the U.S. Patent and Trademark Office (PTO) has refused to register trademarks considered to be offensive in that they disparaged a particular person, group or institution. Now the PTO cannot deny the...more

When Is Making A Movie Not An Act Of Free Speech?

by Weintraub Tobin on

I admit that the title of this article may be a bit deceiving. Making films, like any other production of art, is almost always an act of free speech. However, the Ninth Circuit was recently faced with a dilemma of...more

Three Point Shot - June 2017

by Proskauer Rose LLP on

"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

Update: Ban on Registering “Disparaging” Trademarks Unconstitutional

by Genova Burns LLC on

In a unanimous opinion based on differing rationale, the Supreme Court held that the federal prohibition on registering “disparaging” trademarks is unconstitutional. (Matal v. Tam, No. 15-1293)....more

Supreme Court strikes down Lanham Act's disparagement clause as unconstitutional

by Dentons on

In a landmark decision that will significantly impact those seeking to block or cancel trademarks they consider offensive, the U.S. Supreme Court has struck down the "disparagement clause" of the federal trademark...more

SCOTUS: Supreme Court Holds Disparagement Clause of the Lanham Act Violates the Free Speech Clause of the First Amendment

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

Supreme Court Holds Entities May Register Disparaging Trademarks

by Morgan Lewis on

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

Supreme Court Holds THE SLANTS Can Be Registered as a Trademark: Disparagement Clause Violates the First Amendment

by Morrison & Foerster LLP on

The Supreme Court today brought closure to Simon Tam’s seven-year legal journey seeking to obtain a federal trademark registration for his band name, THE SLANTS. The Court held in Matal v. Tam that the Lanham Act’s ban on...more

Trademark Newsflash: Supreme Court Strikes Down Disparagement Clause

Since 1946, when the Lanham Act was enacted, the United States Patent and Trademark Office (USPTO) has denied registration of any trademark that “consists of … matter which may disparage [any] persons living or dead….” Today,...more

Studios Fire Back: Fictional Publication Depicted in a Movie is Privileged Expressive Use

Following up a previous post about the February 2017 lawsuit filed by the Sporting Times against Orion Pictures for depicting a fictional magazine of the same title in a movie about the life of Bill “Spaceman” Lee, MGM has...more

“Anti-Police” Painting Controversy: Court says, No First Amendment Rights at Stake

by Fox Rothschild LLP on

The US. District Court for the District of Columbia recently denied a preliminary injunction seeking the reinstallation of a controversial “anti-police” painting at the U.S Capitol complex. David Pulphus, a student...more

Defamation Law Series: California Court of Appeal SLAPPS Several Claims Asserted Against Boxer Floyd Mayweather

by Kelley Drye & Warren LLP on

The California Court of Appeal recently dismissed several claims asserted against the famous professional boxer, Floyd Mayweather, Jr., by his ex-fiancé, Shantel Jackson. Mayweather and Jackson had been involved in an...more

The Supreme Court Tackles Disparaging Trademarks

From my title, you may think I am referring to the battle over the REDSKINS trademark. However, the In re Tam case beat the REDSKINS team to the high court. The case involving the REDSKINS mark is currently on hold until...more

U.S. Supreme Court to Hear Arguments on January 18, 2017 in “The Slants” Case.

As we reported to you last September, the U.S. Supreme Court agreed to hear the case involving the constitutionality of the provisions of the Lanham Act upon which the U.S. Trademark Office relied to deny registration of the...more

Louis Vuitton Left Holding the Bag

In Louis Vuitton Malletier S.A. v. My Other Bag, Inc., [16-241-cv] (December 22, 2016), the Second Circuit affirmed summary judgment for My Other Bag that its parody bag did not infringe or dilute Louis Vuitton’s trademark...more

Former American Idol Contestant’s Defamation and False Light Claims Dismissed

by Kelley Drye & Warren LLP on

The California Court of Appeal recently dismissed former American Idol contestant Corey Clark’s claims against Radar Online, LLC (“Radar”), concluding that Radar’s anti-SLAPP motion should have been granted. In 2003,...more

Copyright and Trademark Case Review: John Madden Football, Rhett Butler and the Commerce Clause

by WilmerHale on

Copyright Opinions - Absence of Source Code for Video Games Results in JMOL of Non-Infringement: Antonick v. Electronic Arts, Inc., No. 14-15298 (9th Cir. Nov. 22, 2016). Hurwitz, J. In a suit for royalties on EA's...more

What's Happening with the Redskins Case?

For the past few years, the first question us trademark lawyers get asked at cocktail parties is, “What’s going to happen to the REDSKINS trademark?” – and now lawyers and football enthusiasts will have to wait until at least...more

Supreme Court Rejects Effort By Redskins to Join Slants

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

Supreme Court Benches Dan Snyder’s Team

Last week the U.S. Supreme Court agreed to hear Mr. Simon Tam’s arguments and review the Court of Appeals for the Federal Circuit’s majority decision striking as unconstitutional Lanham Act Section 2(a)’s bar against the...more

The Slants Set To Rock at the U.S. Supreme Court

by Dorsey & Whitney LLP on

Simon Tam and The Slants now have a gig at the biggest judicial venue in the country: The U.S. Supreme Court. On September 29, 2016, the Court decided it will take the case of Lee v. Tam....more

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