As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on former President Donald Trump. The...more
6/19/2024
/ First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Lanham Act ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO ,
Vidal v Elster
In what appears to be a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment grounds, the U.S. Supreme Court seems likely to rule against a trademark applicant seeking to register a...more
11/15/2023
/ Constitutional Challenges ,
Donald Trump ,
First Amendment ,
Free Speech ,
Lanham Act ,
Political Affiliation ,
Public Figures ,
SCOTUS ,
Trademark Application ,
Trademarks ,
USPTO ,
Vidal v Elster
The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment....more
6/21/2023
/ Certiorari ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Lanham Act ,
Public Figures ,
SCOTUS ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
USPTO