“They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast
Impact of Mickey Mouse on public domain. The latest artificial intelligence and intellectual property cases - Thaler lost again. Nirvana Nevermind baby gets day in court. Tolkien estate and more.
(Podcast) The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.
(Podcast) The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
Podcast: The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
Early Returns Law and Politics with Jan Baran: Bradley Smith – Deregulating Political Speech Through Campaign Finance
What's the Tea in L&E? Government Employers: Is it Free Speech or Just Freely Complaining?
“So Many First Amendment Violations, So Little Time” | Tom Leatherbury | Texas Appellate Law Podcast
JONES DAY PRESENTS®: Section 230: A Springboard to a First Amendment Discussion
SPECIAL EDITION: NEWS + VIEWS + TO DO’S | ERIN HIGGINS, CONN KAVANAUGH
Employment Law Now V-99- Vaccines, Masks, and Other Big Developments
Law Brief ®: Richard Schoenstein and Ian Rosenberg Discuss the Fight for Free Speech
Employment Law Now V-96- LOTS of Big Employment Law Developments
Law School Toolbox Podcast Episode 285: Listen and Learn -- First Amendment (Content-Neutral Restrictions)
Bar Exam Toolbox Podcast Episode 123: Listen and Learn -- First Amendment (Content-Neutral Restrictions)
In Durkin v. City & County of San Francisco (2023) 90 Cal.App.5th 643, the First District Court of Appeal held that the trial court erred in granting the real party in interest’s special motion to strike under anti-SLAPP...more
In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed...more
A federal judge has held that Pennsylvania’s Rule 8.4(g),1 which subjects lawyers to professional discipline for engaging in discriminatory conduct, violates both the free speech clause of the First Amendment and the due...more
Today, the Supreme Court of the United States issued the following decision: Uzuegbunam v. Preczewski, No. 19-968: Petitioner Chike Uzuegbunam, while attending Georgia Gwinnett College – a public college – sought to...more
On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated...more
Food and beverage brands are routinely listed among the most famous and valuable brands in the world. With fame, however, comes the increased chance that a brand will be a target for trademark parodists. A March 2020...more
Carr v. PennDOT, 2020 WL 2532232 (Pa. 2020) (Pennsylvania Supreme Court sustains the termination of employment of a public employee for a social media post). Background - The Pennsylvania Department of Transportation...more
In a case following a familiar trade-secret set of facts, on April 28, 2020, the Texas First District Court of Appeals in Houston reversed the trial court’s grant of a motion to dismiss under the Texas Citizens Participation...more
On December 17, 2019, in a 3-1 decision split along party lines, the National Labor Relations Board (NLRB) restored to employers the right to restrict employees from using company email systems for nonbusiness purposes. The...more
This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more
In a 6–3 opinion, the Supreme Court of the United States affirmed a 2017 US Court of Appeals for the Federal Circuit decision holding the ban on registration of immoral or scandalous trademarks under the Lanham Act to be an...more
Last week, on June 24, 2019, the United States Supreme Court ruled that the Lanham Act’s “immoral or scandalous” bar to trademark registration constitutes viewpoint discrimination in violation of the First Amendment, and thus...more
In permitting the registration of the “vulgar” term FUCT, the Supreme Court recently extended its 2016 ruling from Matal v. Tam, which allowed the registration of the trademark THE SLANTS for an Asian-American rock band...more
The road to permitting the registration of George Carlin's "seven dirty words" began in 2017, with the Supreme Court holding unconstitutional the Trademark Act's prohibition against registration of trademarks which are...more
On June 24, 2019, the United States Supreme Court, in Iancu v. Brunetti, reviewing the trademark application for “FUCT”, held that the Lanham’s Act’s provision, prohibiting the registration of “immoral[] or scandalous”...more
In our prior blog entries... we followed the course of Matal v. Tam, the case involving the mark “THE SLANTS.” In that case, the Supreme Court struck down a portion of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), on...more
On Monday, the Supreme Court held that the ban on “immoral or scandalous” trademarks was unconstitutional under the First Amendment. The Court found that, as with the recently struck down ban on “disparaging” marks, the ban...more
The U.S. Supreme Court this week officially pulled the plug on the Lanham Act’s prohibition on the registration of trademarks that comprise “immoral” or “scandalous” matter on First Amendment grounds. The prohibition, found...more
Earlier this week the United States Supreme Court struck down a century-old provision in the Lanham Act that banned the registration of marks deemed “immoral” or “scandalous.” By a 6-3 vote, the Court found in Iancu v....more
On Monday, the U.S. Supreme Court issued an opinion in Iancu v. Brunetti, No. 18-302, finding that the Lanham Act prohibition against registration of scandalous or immoral trademarks violates the First Amendment of the U.S....more
It’s old news by now, but the Supreme Court ruled earlier this week that the immoral and scandalous trademark ban set forth in Section 2(a) of the Lanham Act is unconstitutional under the First Amendment because it disfavors...more
On June 24, 2019, the U.S. Supreme Court held in Iancu v. Brunetti that the Lanham Act’s prohibition on registration of “immoral” or “scandalous” trademarks violates the First Amendment....more
Following its decision on The Slants two years ago, the Supreme Court again lands on the side of free speech in Iancu v. Brunetti. Our Intellectual Property – Trademark & Copyright Group discusses the case of the FUCT...more
On June 24, 2019, the U.S. Supreme Court ruled in Iancu v Brunetti that prohibiting federal registration of “immoral or scandalous” marks violates the free speech provisions of the First Amendment. ...more
George Carlin famously observed that there are seven words you can’t say on TV. Erik Brunetti didn’t get the message and thus sought to register a trademark for a line of clothing called “FUCT.” The U.S. Patent and Trademark...more