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

All Bets Are On in California? The Golden State’s Bid to Legalize Sports Gambling

If you’re gearing up for your fantasy football draft, you might be interested to know that the California Legislature is considering a proposal to legalize sports gambling. Assembly Constitutional Amendment No. 18 is a...more

Key SCOTUS Decisions in Tech – First Half 2017

by Fenwick & West LLP on

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more

Ninth Circuit Purges Anti-SLAPP Motion for Contract Claims

by McDermott Will & Emery on

In an action involving the popular film series The Purge, the US Court of Appeals for the Ninth Circuit affirmed a district court denial of the defendants’ anti-SLAPP motion, holding that the plaintiff’s breach of...more

“Not So Fast,” Mr. THRILLED Daniel Snyder

Lee Corso (former coach and ESPN football analyst) frequently utters this famous sports media catchphrase on ESPN’s “College GameDay” program: “Not so fast, my friend!”...more

Court Enjoins Milwaukee Over AR Location-based Game Ordinance

A U.S. District Court Judge issued a preliminary injunction against enforcing a Milwaukee county ordinance requiring a permit before implementing certain AR location-based games. As we previously reported, Candy Lab AR,...more

What the *TM*?!?! The Disparagement Clause has been Bleeped.

by Knobbe Martens on

Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty...more

Media Law Bulletin: “All I’ve Got Is a Photograph” — Copyright Law’s Preemption of Right of Publicity Claims

by Sedgwick LLP on

The names and likenesses of celebrities, athletes and other public figures can be extremely valuable, as evidenced by the premium prices paid by many companies for celebrity endorsements and celebrity-branded goods. Think...more

The First Amendment Protects The Trademark Registrability Of THE SLANTS And THE WASHINGTON REDSKINS Irrespective Of Political...

by Weintraub Tobin on

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

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

Free speech legal battle changes law on disparaging trademarks

by McAfee & Taft on

Last month, in Matal v. Tam, the U.S. Supreme Court affirmed the Federal Circuit Court of Appeal’s decision that struck down a portion of Section 2(a) of the Lanham Act....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

Three Questions from the Supreme Court’s Decision on “Offensive” Trademarks

by Dickinson Wright on

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

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

Supreme Court Rules Trademarks are Protected by First Amendment's Free Speech Clause

by Best Best & Krieger LLP on

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

Offensive Trademarks Are Protected Free Speech Under The First Amendment

by Weintraub Tobin on

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

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

What’s In a Name?

by Pessin Katz Law, P.A. on

On June 19, 2017, Justice Samuel A. Alito, delivered the unanimous opinion of the United States Supreme Court (the “Court”) in Matal v Tam, No. 15-1293, Oct. Term, 2016, argued January 18, 2017. Simply stated, the Court...more

Trademark Act Offends Free Speech

by SmithAmundsen LLC on

The Supreme Court ruled that the United States Patent and Trademark Office (USPTO) may not deny registration of trademarks on the basis that they are offensive or hateful. As previously discussed, in In re Simon Shiao...more

Supreme Court Holds Disparagement Clause Unconstitutional

by Perkins Coie on

In a much anticipated decision, the U.S. Supreme Court held in Matal v. Tam, 582 U.S. ___ (June 19, 2017) that a provision of the Lanham Act banning the registration of marks considered disparaging to “persons, institutions,...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

U.S. Supreme Court Invalidates Statute Outlawing Disparaging Trademarks

by Akin Gump - Excubitor on

On June 19, the U.S. Supreme Court held in Matal v. Tam that a statute banning registration of disparaging trademarks violates the First Amendment to the U.S. Constitution. The Supreme Court’s invalidating the statute should...more

U.S. Supreme Court Holds Trademark Registrations Are Free to Disparage

by Dickinson Wright on

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

Supreme Court Rules On Disparaging Trademarks

by Revision Legal on

For decades, the USPTO has denied registration to trademarks that are disparaging and offensive to specific racial or ethnic groups under the disparagement clause of the Lanham Act. The United States Supreme Court recently...more

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