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Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part III

Of course, loyal readers have been eagerly awaiting Part III of the series (see Part I and Part II) focusing on Tam’s intersection of federal trademark registration and the First Amendment....more

R-Word Looking Scandalous in Maryland

Daniel Snyder, NFL owners, FEDEX, and other NFL sponsors, take note, breaking news from courageous Neal M. Brown, Ed.D., Head of School, Green Acres School in Bethesda, Maryland, about twenty miles from FEDEX Field...more

8/30/2017  /  Disparagement , FedEx , NFL , Redskins , Slurs , Trademarks

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part I

Looking forward to sharing the podium with Joel MacMull of the Archer firm (counsel for Simon Tam, where our friend Ron Coleman is a partner) to discuss “Trademark Registration and the First Amendment,” on September 28th at...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

Section 2(a), a Happy-Talk Clause, Really?

We can be certain of one thing for sure, the Supreme Court’s decision today, striking down the disparagement clause of Section 2(a) of the Lanham Act will be analyzed for some time....more

McCarthy Institute Trademark Seminar 2017

One of the current challenges in trademark law addressed in Seattle last week at the Amazon Corporate Conference Center, host of the 2017 McCarthy Institute and Microsoft Corporation Symposium, is an issue we have discussed...more

Supreme Court Benches Dan Snyder’s Team

Last week the U.S. Supreme Court agreed to hear Mr. Simon Tam’s arguments and review the Court of Appeals for the Federal Circuit’s majority decision striking as unconstitutional Lanham Act Section 2(a)’s bar against the...more

2(c) or Not to See Political TM Speech?

That is the question, at least for the day. It’s also a question we hope the U.S. Supreme Court will address. In particular, does a careful focus on the USPTO’s routine application of Section 2(c) of the Lanham Act,...more

Will USPTO Director Michelle Lee’s Signature Adorn a SLANTS Certificate of Registration?

Let’s hope not, for a variety of reasons. In other words, let’s hope the Supreme Court straightens out the unfortunate ruling last week that the federal government is powerless to deny requests to federally register...more

On Slanted Arguments and Red Herrings

Last Friday, both slanted arguments and red herrings were present during the 90 minute en banc oral argument before the Court of Appeals for the Federal Circuit (CAFC) in In re Tam....more

What Does the Trademark Registration Say?

Remember a while back when many were humming to the tune “What Does the Fox Say“? Today, I’m asking, what does the trademark registration say? Not, what does the trademark say — that is a different and more complicated...more

Washington’s NFL Team and U.S. Customs

Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its...more

Trademarks That Violate Public Policy

As our friend John Welch reported last week,  the place to be on March 10, 2015, is Washington, D.C., at the 25th Annual “PTO Day,” sponsored by the Intellectual Property Owners Association: John will be part of the panel...more

Trademark Disparagement Kills the R-Word

My father-daughter time was wonderful in London when the news hit about the USPTO ordering cancellation of the six ”Washington Redskins” trademarks as disparaging to Native Americans....more

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