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Supreme Court Holds Statute Banning Registration of Disparaging Marks Violates the First Amendment

by Brinks Gilson & Lione on

This past Monday, June 19, the Supreme Court unanimously ruled that Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), is unconstitutional under the First Amendment. Matal v. Tam, No. 15-1293, 582 U.S. ___ (2017). Section...more

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

by Lewitt Hackman on

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

Siding with The Slants: Ban on Disparaging Marks Held Unconstitutional

by Jones Day on

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

Supreme Court Holds that First Amendment Protects Disparaging Trademarks

by Bass, Berry & Sims PLC on

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

Supreme Court Rocks the Trademark Office in “Slants” Case

by Fenwick & West LLP on

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

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

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

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

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

Your trademarks now can (but needn’t) be offensive

by Thompson Coburn LLP on

If you want to — though we don’t encourage it — you can now disparage ethnic groups in your federally registered trademarks. Indeed, the Supreme Court has unanimously given you a constitutional right to select, and obtain...more

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

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

Even Disparaging Trademarks are Registerable

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

Supreme Court Rules in Favor of Slants Rock Band

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

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

by Jackson Walker on

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

You Might Not Like This, But: The Supreme Court Rules that Trademark Registrations Cannot Be Barred Because Offensive

The U.S. Supreme Court has reminded us again that the First Amendment’s protection of free speech includes speech that might hurt your feelings. In a unanimous decision after a two year litigation battle, the Court just held...more

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

by Sherman & Howard L.L.C. on

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

May 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

This update of May 2017 developments in the area of independent contractor misclassification and compliance highlights three key legislative developments: the enactment of two new laws (one in New York City and the other in...more

Filmmaker Arrested for Flying Drone over the NFL Draft

A 27-year old resident of Philadelphia, Pennsylvania, Jonathan Kolleh, was arrested and spent 14 hours in a holding cell last week for flying his drone in the vicinity of the National Football League (NFL) Draft. Kolleh began...more

Insight: Patchwork of Daily Fantasy Sports Regulations Will Increase Costs and Frustrations for Emerging Industry

by Stinson Leonard Street on

Arkansas has become the most recent state to enact legislation aimed at regulating the Daily Fantasy Sports marketplace. Daily Fantasy Sports, or more commonly known as DFS, is a form of online entertainment where users play...more

More Lessons from ESPN

As we previously noted, ESPN laid off approximately 100 employees last week. While ESPN may be the world-wide leader in sports, they do not appear to be the world-wide leader in handling terminations as evidenced by their...more

WIN Wise: Dawn Raids - are you prepared? Our top 10 tips for in-house lawyers

by DLA Piper on

Early on Wednesday morning, while the majority of us were only just beginning our day, some 180 HMRC investigators were deployed to a number of premises pertaining to two prominent English football clubs, including a...more

Advertising Law - April 2017 #4

Massachusetts AG Fences off Geofencing Ad Campaign - In what appears to be the first time a consumer protection law was used to object to a company engaging in GPS-based ad targeting, Copley Advertising settled with...more

What Famous Quarterback Named Elisha Allegedly Provided Fake Helmets To Sports Dealers?

Elisha is the two time Super Bowl MVP New York Giants quarterback Eli Manning. Collecting equipment used, or uniforms worn, during an NFL game is big business. Young and old alike want these items to feel close to their...more

Pick me! Pick me! NFL draft lessons for HR

by FordHarrison on

The NFL draft is fast approaching, and with it comes the multiple prognostications and mock drafts that try to divine which teams will try to link up with the which talent coming out of the college ranks....more

Legal Lessons from “Maserati Rick” – The Man Who Falsely Claimed to be a Miami Dolphin for Over 3 Years

by Butler Snow LLP on

In 2014, Ricardo Agnant, a.k.a. “Maserati Rick,” snuck into an NFL Regional Combine at the Miami Dolphins’ training center. An NFL Regional Combine is a selective NFL-sanctioned event that provides aspiring NFL athletes a...more

Three Point Shot - April 2017

by Proskauer Rose LLP on

Premier League Takes the Pitch in Fight against Pirated Streams - The United Kingdom's most popular soccer league is using skillful legal tackling to maintain possession of its intellectual property. The Football...more

NLRB General Counsel Takes a Stand: College Scholarship Football Players Are Employees Under the NLRA

by McGuireWoods LLP on

In a memorandum issued on January 31, 2017, the National Labor Relations Board’s General Counsel, Richard Griffin, provided a “guide for employers, labor unions, and employees that summarizes Board law regarding NLRA employee...more

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