News & Analysis as of

Lee v Tam

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

Trademark Newsflash: Supreme Court Strikes Down Disparagement Clause

Since 1946, when the Lanham Act was enacted, the United States Patent and Trademark Office (USPTO) has denied registration of any trademark that “consists of … matter which may disparage [any] persons living or dead….” Today,...more

Supreme Court Ruling Bodes Well for Future of Redskins Trademarks

by Sands Anderson PC on

On Monday, the Supreme Court of the United States ruled in the case of Matal v. Tam that the law prohibiting the registration of disparaging trademarks violates the First Amendment and is therefore unconstitutional. The...more

SCOTUS Strikes Down Disparaging Trademark Ban

by Fox Rothschild LLP on

On June 19, 2017, the United States Supreme Court issued its long-anticipated ruling in the Lee v. Tam trademark dispute involving the rock band, The Slants. As detailed in an earlier blog post, the legal issue faced by the...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

The Top Hits: Fashion Cases with a Big Impact

by Knobbe Martens on

Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...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

Disparaging (or Maybe Not) Trademarks: The Supreme Court Hears Oral Arguments on In Re Tam

by Knobbe Martens on

On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First...more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Lee v. Tam: Supreme Court Hears Oral Arguments On Lanham Act Section 2(a) Prohibition of Registration of Disparaging Marks

by Brinks Gilson & Lione on

Earlier this month, the Supreme Court of the United States heard oral arguments in Lee v. Tam to examine the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a). Section 2(a) prevents the registration of...more

This Year’s Top Ten IP Cases

by Knobbe Martens on

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

Seven IP Cases to Watch in Early 2017

by Morrison & Foerster LLP on

SCA Hygiene AB v. First Quality Baby Products. LLC (Docket No. 15-927, S. Ct.) - In SCA Hygiene AB v. First Quality Baby Products LLC,the Supreme Court will consider “[w]hether and to what extent the defense of laches...more

Intellectual Property Newsletter - November 2016

by Shearman & Sterling LLP on

Patent Venue at the Supreme Court - If TC Heartland has its way, patent venue law is about to fundamentally change. Factual Background - Kraft sued TC Heartland, a limited liability company organized...more

What's Happening with the Redskins Case?

For the past few years, the first question us trademark lawyers get asked at cocktail parties is, “What’s going to happen to the REDSKINS trademark?” – and now lawyers and football enthusiasts will have to wait until at least...more

Supreme Court to Decide if Disparagement Provision in the Lanham Act is Invalid Under the First Amendment

by Fenwick & West LLP on

On September 29, 2016, the Supreme Court agreed to review Lee v. Tam, better known as “THE SLANTS” case, to assess the constitutionality of the Trademark Office’s refusal to register disparaging marks under Section 2(a) of...more

Lee v Tam

The Supreme Court agreed on September 29 to consider whether a provision of the Lanham Act that allows the USPTO to refuse to register “disparaging” trademarks violates the constitutional right to free speech. The case is...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

The Slants Set To Rock at the U.S. Supreme Court

by Dorsey & Whitney LLP on

Simon Tam and The Slants now have a gig at the biggest judicial venue in the country: The U.S. Supreme Court. On September 29, 2016, the Court decided it will take the case of Lee v. Tam....more

Will anyone be offended if the Supreme Court finds the disparagement provision of the Lanham Act invalid?

by Ward and Smith, P.A. on

Yesterday, the Supreme Court of the United States announced that it has granted certiorari in Lee v. Tam, a case closely followed by trademark law gurus. Lee is before the Court after the United States Court of Appeals for...more

Supreme Court to Review Whether “Offensive” Names Can Be Trademarked

by Genova Burns LLC on

The U.S. Supreme Court agreed today to review the Federal Circuit’s decision to strike down the Lanham Act’s ban on “disparaging” trademarks. The case, Lee v. Tam, No. 15-1293, involved an Asian American dance-rock band’s...more

Supreme Court Corner: Q3 2016

by DLA Piper on

CASES WE ARE WATCHING - Lee v. Tam TRADEMARK – Cert. Pending Pro-Football, Inc. v. Amanda Blackhorse, et al. TRADEMARK – Cert. Pending ISSUE: Whether the Lanham Act’s disparagement clause violates the...more

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