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The “F Word” Taking Center Stage at the U.S. Supreme Court

On Friday, while some of us may have been muttering a few bad words as we slogged through our post-holiday inboxes, the Supreme Court was toying with a naughty word of its own: FUCT. That’s right. Late last week the Court...more

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

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

Pro Football Calls SCOTUS Audible

As we noted here last week, the Director of the USPTO filed a petition for writ of certiorari to the U.S. Supreme Court requesting that it review the Federal Circuit’s en banc decision, In re Tam. That decision held Section...more

USPTO to SCOTUS: SOS on the Lanham Act ASAP

On April 20, 2016, the USPTO made it official: It formally requested the U.S. Supreme Court to review the en banc Federal Circuit decision that held Section 2(a) of the Lanham Act violated the First Amendment. At issue...more

Right of Publicity Claim over Straight Outta Compton Gets Kicked Straight Outta Court

In August 2015, the film Straight Outta Compton was released. It’s a biopic about the struggles of several young African American males who formed the musical group “N.W.A.” back in the 1980s. ...more

The Slants’ Trademark Application Remains in Purgatory as Federal Circuit Passes on Pushing PTO to Publish

Late last year, Simon Tam and his legal team scored a big-time victory: they convinced the U.S. Federal Circuit Court of Appeals (sitting en banc) that Section 2(a) of the Lanham Act violated the First Amendment. The Court...more

U.S. Supreme Court Punts on Dispute Involving NFL Players’ Publicity Rights

The Supreme Court passed on an opportunity to review a recent appellate court decision holding that a video game publisher is not protected by the First Amendment for using the likenesses of former NFL football stars in the...more

Former NFL Players’ Right of Publicity Claims Get Sidelined—Will We Hear From The Replay Officials?   

In Dryer v. The National Football League, three former gridiron gladiators who played in the NFL had their claims for right of publicity under state law tossed out by the Eighth Circuit Court of Appeals. These three players...more

Ninth Circuit Shoots Down Right of Publicity Lawsuit Involving Academy Award Juggernaut The Hurt Locker

As we kick off “Oscar Week” here at TheTMCA.com, it is particularly apropos to discuss a decision just handed down by the Ninth Circuit Court of Appeals involving the critically acclaimed movie, The Hurt Locker. It is a...more

Federal Circuit Holds Lanham Act’s Bar on Registering “Disparaging Marks” Violates the First Amendment

The U.S. Court of Appeals for the Federal Circuit has just gone where no other court has gone before. In a tour-de-force judicial opinion, the Court emphatically held that a small sliver of the Lanham Act—the “disparaging...more

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