News & Analysis as of

Lanham Act Lee v Tam

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - February 2019: Trademark Practice Update: Outrageous! Disgraceful! Appalling!...or is it? SCOTUS to Decide the...

U.S. trademark attorneys received a New Year’s surprise last month when the Supreme Court of the United States agreed to hear Iancu v. Brunetti, the case that should determine the availability of federal trademark...more

Sands Anderson PC

Supreme Court Ruling Bodes Well for Future of Redskins Trademarks

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On Monday, the Supreme Court of the United States ruled in the case of Matal v. Tam that the law prohibiting the registration of disparaging trademarks violates the First Amendment and is therefore unconstitutional. The...more

Knobbe Martens

Disparaging (or Maybe Not) Trademarks: The Supreme Court Hears Oral Arguments on In Re Tam

Knobbe Martens on

On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Knobbe Martens

This Year’s Top Ten IP Cases

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#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

Morrison & Foerster LLP

Seven IP Cases to Watch in Early 2017

Morrison & Foerster LLP on

SCA Hygiene AB v. First Quality Baby Products. LLC (Docket No. 15-927, S. Ct.) - In SCA Hygiene AB v. First Quality Baby Products LLC,the Supreme Court will consider “[w]hether and to what extent the defense of laches...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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

Fenwick & West LLP

Supreme Court to Decide if Disparagement Provision in the Lanham Act is Invalid Under the First Amendment

Fenwick & West LLP on

On September 29, 2016, the Supreme Court agreed to review Lee v. Tam, better known as “THE SLANTS” case, to assess the constitutionality of the Trademark Office’s refusal to register disparaging marks under Section 2(a) of...more

Sheppard Mullin Richter & Hampton LLP

Lee v Tam

The Supreme Court agreed on September 29 to consider whether a provision of the Lanham Act that allows the USPTO to refuse to register “disparaging” trademarks violates the constitutional right to free speech. The case is...more

Ward and Smith, P.A.

Will anyone be offended if the Supreme Court finds the disparagement provision of the Lanham Act invalid?

Ward and Smith, P.A. on

Yesterday, the Supreme Court of the United States announced that it has granted certiorari in Lee v. Tam, a case closely followed by trademark law gurus. Lee is before the Court after the United States Court of Appeals for...more

Genova Burns LLC

Supreme Court to Review Whether “Offensive” Names Can Be Trademarked

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The U.S. Supreme Court agreed today to review the Federal Circuit’s decision to strike down the Lanham Act’s ban on “disparaging” trademarks. The case, Lee v. Tam, No. 15-1293, involved an Asian American dance-rock band’s...more

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