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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
McGuireWoods LLP

European Competition Law Newsletter – August 2024

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European Commission Closes Disparagement Investigation by Accepting Commitments - Under EU and many national competition laws, illegal abuse of a dominant position can take many forms. One such abuse is disparagement, the...more

ArentFox Schiff

Leaked FTC Civil Investigative Demand to OpenAI Provides a Rare Preliminary View of the Future of AI Enforcement

ArentFox Schiff on

On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic...more

A&O Shearman

European Commission investigation into Teva’s potential abuse of dominance – misuse of patent procedures and disparagement

A&O Shearman on

On 10 October 2022, the European Commission (EC) sent a Statement of Objections to Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva). The EC has provisionally found that Teva abused its dominant...more

Harris Beach PLLC

Significant Intellectual Property Trademark Decisions

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2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

McDermott Will & Emery

French Competition Authority Fines a Pharmaceutical Laboratory EUR 25 Million for Anti-Generic Practices

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On 20 December 2017, the French Competition Authority (the FCA) imposed a EUR 25 million fine on a pharmaceutical laboratory, for delaying entry onto the market of the generic version of Durogesic, and for hindering its...more

Fox Rothschild LLP

Are Offensive Trademark Registrations On The Rise?

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In direct response to the U.S. Supreme Court’s decision striking down the constitutionality of section 2(a) of the Lanham Act, which as enacted barred the registration of disparaging trademarks, there is reason to believe...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - July 2017

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SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting...more

Jones Day

Siding with The Slants: Ban on Disparaging Marks Held Unconstitutional

Jones Day on

Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act,...more

Fox Rothschild LLP

SCOTUS Strikes Down Disparaging Trademark Ban

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

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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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

McDermott Will & Emery

2017 Intellectual Property Law Year In Review

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Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

Foley Hoag LLP - Making Your Mark

Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Foley Hoag LLP - Making Your Mark on

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP...more

A&O Shearman

Intellectual Property Newsletter - November 2016

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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

McDermott Will & Emery

Supreme Court to Review Registrability of Disparaging Trademarks

McDermott Will & Emery on

On September 29, 2016, the Supreme Court of the United States granted a petition for certiorari to consider the constitutionality of a provision of the US trademark laws directed to the registrability of disparaging...more

K&L Gates LLP

Trademark Law Update: SCOTUS to Decide Whether Ban on Registering “Disparaging Marks” Is Unconstitutional

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Under section 2(a) of the Lanham Act, the Patent and Trademark Office (USPTO) may refuse to register any trademark that “[c]onsists of . . . matter which may disparage or falsely suggest a connection with persons, living or...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

What's Happening with the Redskins Case?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

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

Mintz - Trademark & Copyright Viewpoints

The SLANTS Trademark Will Play One More Gig: U.S. Supreme Court to Decide Constitutionality of Ban on Disparaging Trademarks

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The U.S. Supreme Court announced today that it will review whether the U.S. Trademark Office can deny registration of offensive trademarks or whether such prohibition violates the First Amendment. The dispute affects the...more

Littler

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

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Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - May 2016

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SPECIAL FOCUS: California Proposes Emergency Prop 65 Regulation for Products Containing BPA - Why it matters: BPA remains prevalent in the packaging of food and beverage items sold by retailers throughout California....more

Foley Hoag LLP - Trademark, Copyright &...

Of Slants, Skins and Signs: No Relief For Trademark Applicant Until Supreme Court Weighs In

Foley Hoag LLP - Trademark, Copyright &... on

As part of our continuing monitoring of this issue, we bring you the latest chapter in the saga over the registration of THE SLANTS trademark. After the en banc Federal Circuit struck down Section 2(a) as facially...more

Tucker Arensberg, P.C.

USPTO To Suspend New Trademark Applications Containing Scandalous Or Disparaging Material

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On March 10, 2016, The United States Patent and Trademark Office (“USPTO”) issued new examination guidance for trademark applications containing potentially immoral or scandalous matter, which is expressly prohibited by...more

Foley Hoag LLP - Trademark, Copyright &...

Trademark Red Tape: Disparaging Marks And TTAB Tidbits

Foley Hoag LLP - Trademark, Copyright &... on

Welcome to Trademark Red Tape, our periodic round-up of trademark news and happenings at the United States Patent & Trademark Office. Here are the highlights: - A Time-Out for Offensive Trademarks. According to IP...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - February 2016

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Both Sides Claim Victory in ITC Ruling re Converse's "Chuck Taylors" - Why it matters: On November 17, 2015, an International Trade Commission judge issued an initial ruling in In the Matter of Certain Footwear...more

Partridge Snow & Hahn LLP

U.S. Patent and Trademark Office's Refusal to Register Disparaging Trademarks Struck Down on First Amendment Grounds

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The U.S. Court of Appeals for the Federal Circuit, in a 9-3 decision in In re Tam, has declared a provision of the federal trademark law unconstitutional as violating the First Amendment guarantee of free speech. The...more

Fish & Richardson

Disparaging Trademarks Afforded First Amendment Protection

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The United States Court of Appeals for the Federal Circuit ruled last week that Section 2(a) of the Trademark Act, 15 U.S.C. 1052(a), the provision used as a basis to bar registration of “disparaging” marks, is...more

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