News & Analysis as of

Lanham Act Trademark Manual of Examining Procedure (TMEP)

Dorsey & Whitney LLP

The Ninth Circuit Addresses Judicial Power over Trademark Applications and the Lawful Use of Trademarks on Cannabis (I Mean,...

Dorsey & Whitney LLP on

The Ninth Circuit issued two opinions in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. finding judicial power over pending trademark applications and an exception shielding trademark registrations for marks used...more

Weintraub Tobin

The Briefing by the IP Law Blog: Navigating the Hazy Intersection of Cannabis Law & Trademarks

Weintraub Tobin on

Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Josh's post on the IP Law Blog "Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks." ...more

Weintraub Tobin

Navigating The Hazy Intersection Of Federal And State Law On Cannibis And Advising Clients On Protecting Their Trademarks

Weintraub Tobin on

What was once illegal is now a thriving industry. That’s right—I’m talking about cannabis. But my initial statement isn’t entirely accurate. Although Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan,...more

Akerman LLP - Marks, Works & Secrets

2(b) Prohibition On “Flag Marks” Bars Use of Flag as Part of a Mark

In a recent precedential decision concerning the rarely litigated or cited Section 2(b) of the Lanham Act, the Trademark Trial and Appeal Board affirmed a refusal to register the service mark...more

Dorsey & Whitney LLP

Series 89: A Secret Menu of Protected Non-Registered Marks

Dorsey & Whitney LLP on

Who doesn’t love a secret menu, where one discovers delicious off-menu favorites and savors them along with the pleasure of feeling in the know? We’ll let you in on a “secret menu” of sorts for trademarks. A little known area...more

Dorsey & Whitney LLP

Give Me Aphukenbrake* – USPTO Issues Examination Guide on Treatment of Scandalous Marks Following Supreme Court Case

Dorsey & Whitney LLP on

We recently posted about the U.S. Supreme Court’s June 24th holding in Iancu v. Brunetti, which upheld a ruling that the Lanham Act’s bar on the registration of scandalous or immoral marks is unconstitutional because it...more

Eversheds Sutherland (US) LLP

For adults only: A peep at immoral and scandalous marks in the US

The landmark case, Matal v. Tam, forever altered the innocence of the trademark landscape. The case, interestingly enough, involved a musical group wanting to trademark a seemingly disparaging mark. ...more

Perkins Coie

Supreme Court Holds Disparagement Clause Unconstitutional

Perkins Coie on

In a much anticipated decision, the U.S. Supreme Court held in Matal v. Tam, 582 U.S. ___ (June 19, 2017) that a provision of the Lanham Act banning the registration of marks considered disparaging to “persons, institutions,...more

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