News & Analysis as of

Lanham Act Trademarks

"Cry Havoc and Let Slip the Dogs of War"

by Fish & Richardson on

A recently filed lawsuit in Washington state provides some useful takeaways in the realm of brand protection for educational institutions. Gonzaga University is a small Catholic university in Spokane, Washington, counting...more

Court Protects Louis Vuitton from Inability to Understand Obvious Joke

For the past several years, DuetsBlog has covered fashion house Louis Vuitton’s outlandish trademark “bullying” against law schools, dog toys, photographers, and movie studios. Most recently, we discussed the brand’s latest...more

Trademark Law Update: Federal Circuit Strikes Down Lanham Act’s Ban on “Immoral” or “Scandalous” Marks

by K&L Gates LLP on

In June 2017, the U.S. Supreme Court in Matal v. Tam struck down as unconstitutional a provision of section 2(a) of the Lanham Act, which had permitted the U.S. Patent and Trademark Office (USPTO) to refuse to register...more

Federal Circuit Finds Lanham Act Clause Banning Immoral and Scandalous Trademarks Unconstitutional

by BakerHostetler on

On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) (“Section 2(a)”) banning registration of a trademark that “[c]onsists of or comprises...more

First Amendment 2 – Lanham Act 0: Federal Circuit Holds Lanham Act Prohibition on Immoral and Scandalous Marks Is Unconstitutional...

by Fish & Richardson on

In the wake of the In re Tam decision by the U.S. Supreme Court, on December 15, 2017, the Federal Circuit held that the Lanham Act Section 2(a) prohibition on the registration of immoral and scandalous marks is a...more

Scandalous and Immoral Trademarks Awarded First Amendment Protection

by Bracewell LLP on

On December 15, the Federal Circuit held that the prohibition on the registration of scandalous and immoral trademarks is unconstitutional because it violates the First Amendment. In re Brunetti, No. 2015-1109, 2017 WL...more

Trademark Practice Update: Scandalous? Immoral? It's all Good

On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibitions on registering scandalous and immoral marks discriminated based on content, and violated the First Amendment (In...more

Empire Strikes Back: First Amendment Protects TV Series Title

by McDermott Will & Emery on

Addressing the issue of trademark infringement specific to the title of an expressive work, the US Court of Appeals for the Ninth Circuit affirmed the district court’s conclusion that Twentieth Century Fox’s use of the name...more

Federal Circuit Holds Lanham Act Prohibition Against Registration of Scandalous and Immoral Marks Is FUCT

by Dorsey & Whitney LLP on

On December 15, 2017, a Federal Circuit panel held the Lanham Act prohibition against registration of “immoral” or “scandalous” marks (interpreted to include vulgar terms) unconstitutionally restricts free speech, and...more

The Federal Circuit Strikes Ban on Registering “Immoral” or “Scandalous” Trademarks

The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) has struck down the Lanham Act’s ban on the registration of “immoral” or “scandalous” trademarks as an unconstitutional restriction of free speech under...more

Tam Extended: Prohibition of “Immoral and Scandalous” Trademarks Unconstitutional

The Court of Appeals for the Federal Circuit recently extended First Amendment protections for trademark applications in In re Brunetti, No. 15-1109 (Fed. Cir. December 15, 2017), ruling that Section 2(a) of the Lanham Act’s...more

MarkIt to Market® - December 2017

The December 2017 issue of Sterne Kessler's MarkIt to Market® discusses how ultra violet is the new black, a trademark practice update, and lists the new gTLD Sunrise periods. Please see full Newsletter below for more...more

Lessons in Trademarking Trade Dress: Apple vs. Samsung

by Revision Legal on

The long-running legal battle between Samsung and Apple over the shape of their respective smart phones provides some interesting lessons regarding trade dress law and how common law trade dress rights work...more

Federal Circuit Decision Leaves Lanham Act’s Provision Barring Registration Of Immoral And Scandalous Marks “FUCT”

by Fox Rothschild LLP on

It is not often that a court of law can issue a landmark opinion laden with profanity and sexual innuendos. But last Friday, the United States Court of Appeals for the Federal Circuit seized the opportunity in a colorful...more

Three Point Shot - December 2017

by Proskauer Rose LLP on

Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court - All boxing fan Victor Mallh ("Mallh" or "Plaintiff") wanted for the holidays this year was a chance to stand toe-to-toe with...more

How Scandalous! Federal Circuit Holds Vulgar Trademarks Are Registrable

by Jones Day on

Trademarks will no longer be refused registration on the basis that they constitute immoral or scandalous matter. On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit unanimously ruled in In re Brunetti...more

Opening Trademarks to New Possibilities -- Federal Circuit Affords Immoral or Scandalous Trademarks First Amendment Protection

by Locke Lord LLP on

After the Trademark Office refusing registration for immoral or scandalous marks over the past 100 years, the U.S. Court of Appeals for the Federal Circuit recently held that the provision of Section 2(a) of the U.S....more

Immoral and Scandalous Matter are as Registrable as Disparaging Matter; The Principal Register is FUCT

In In re Brunetti, [2015-1109] (December 15, 2017), the Federal Circuit reversed the Trademark Trial and Appeal Board, which affirmed the examining attorney’s refusal to register the mark FUCT because it comprises immoral or...more

In Re: Erik Brunetti

by Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Moore, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: The bar in § 2(a) of the Lanham Act against registering immoral or scandalous trademarks is an...more

Lanham Act’s Bar On Immoral And Scandalous Matter Found Unconstitutional

On December 15, 2017, following hot on the heels of the Supreme Court’s recent ruling striking down the Lanham Act’s disparagement clause (Matal v. Tam, 137 S. Ct. 1744 (2017)), the Federal Circuit ruled that the Lanham Act’s...more

Federal Circuit Strikes Down Statute Banning Scandalous and Immoral Trademarks

• The Federal Circuit held that the “immoral or scandalous” clause of Lanham Act § 2(a), which prohibits registration of a trademark that “consists of or comprises immoral or scandalous matter,” is unconstitutional under the...more

Federal Circuit Rules That Scandalous And Immoral Trademarks May Be Registered

by Brooks Kushman P.C. on

Earlier this year, the U.S. Supreme Court ruled that the Lanham Act’s prohibition on the registration of disparaging trademarks was unconstitutional. Matal v. Tam, 137 S.Ct. 1744 (2017). The Court in Tam ruled that trademarks...more

Refusal To Register Scandalous And Immoral Trademarks Ruled As Unconsitutional By Federal Circuit

by Ladas & Parry LLP on

Following the Supreme Court’s ruling in In re Tam that a refusal to register disparaging trademarks is an unconstitutional violation of freedom of speech reported on June 19, 2017, the Court of Appeals for the Federal Circuit...more

Industry Coalition Obtains Preliminary Injunction Against Enforcement of North Dakota Dealer Statute

by Foley & Lardner LLP on

On December 14, 2017, the U.S. District Court in Bismarck, North Dakota issued a preliminary injunction preventing the enforcement of recently enacted amendments to the North Dakota Farm Equipment Dealership Statute known as...more

Federal Circuit Makes Way For FUCT, Striking Down The Statutory Bar On Immoral Or Scandalous Trademark Registrations As...

On December 15, the U.S. Court of Appeals for the Federal Circuit struck down the Lanham Act's ban on registering immoral or scandalous trademarks as unconstitutional on First Amendment grounds in In re Brunetti, --- F.3d...more

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