News & Analysis as of

Team Mascots

Bond Schoeneck & King PLLC

Prohibition on Using Native American Mascots in Public Schools

Late in 2022, the New York State Education Department (NYSED) announced that “public school districts are prohibited from utilizing Native American mascots” and must begin to formulate a plan to change them. After a final...more

Fox Rothschild LLP

Trademark Dispute Involving Washington Commanders Could Be Forthcoming

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This Sunday, the Washington Commanders are set to introduce their new mascot, which the team has indicated will either be a hog or a dog. The former, however, may lead to a trademark dispute between former Washington players...more

Rivkin Radler LLP

A (Potential) Hog Wild Trademark Dispute

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The phrase “waiting all day for Sunday night” is usually associated with football. But this Sunday, it may be associated with something entirely different — a potential trademark dispute. After years of fighting over its...more

Bodman

Disparaging, Immoral, and Scandalous Trademarks: Just Because You Can, Doesn’t Mean You Should

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At a Glance - Even though the Supreme Court has paved the way for brands to register trademarks that may be considered disparaging, immoral, or scandalous, brand owners are reversing themselves and voluntarily changing....more

Pullman & Comley, LLC

Developments from the 2021 Session of the Connecticut General Assembly Affecting Schools

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The 2021 Regular Session of the Connecticut General Assembly concluded on June 9, 2021, but the primary source of action on education law issues was a special session of the General Assembly and ensuing “budget implementer”...more

Pullman & Comley - School Law

Native American Mascots: An Emerging Legal Landscape – Part Three

Earlier this month, The CABE Journal (see page 11) published a portion of an article by Pullman & Comley attorney Zach Schurin entitled “Native American Mascots: An Emerging Legal Landscape.” The article examines the legal...more

Pullman & Comley - School Law

Native American Mascots: An Emerging Legal Landscape – Part 2

Title VI of the Civil Rights Act of 1964 - The Civil Rights Act of 1964 was the cornerstone of President Lyndon Johnson’s historic civil rights efforts.  While Title VII prohibits discrimination in employment and is perhaps...more

Pullman & Comley - School Law

Native American Mascots: An Emerging Legal Landscape – Part One

Earlier this month, The CABE Journal (see page 11) published a portion of an article by Pullman & Comley attorney Zach Schurin entitled “Native American Mascots: An Emerging Legal Landscape.” The article examines the legal...more

Jaburg Wilk

Imperfect Leads to Better

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JW Way Fundamental #17: Be Relentless about Continuous Improvement" "Be a lifetime learner and continually invest in your own education, both formally and informally. Be curious and never stop improving your legal,...more

Ladas & Parry LLP

Cleveland Indians To Discontinue Use Of Chief Wahoo On Player Uniforms; Limited Use Of The Logo To Continue In Order To Preserve...

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Although the Supreme Court recently ruled that disparaging trademarks are protected by the First Amendment freedom of speech in Matal v. Tam, the Cleveland Indians have announced that they will cease use of their “Chief...more

Dorsey & Whitney LLP

Cannabis Branding and Free Speech Considerations

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A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa...more

Ladas & Parry LLP

Washington Redskins’ Us Trademark Registrations Reinstated By The Fourth Circuit

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On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in...more

CMCP - California Minority Counsel Program

In Matal V. Tam, Scotus Rules Prohibition On Disparaging Trademarks Unconstitutional

The Asian American members of the band the Slants adopted that name to “reclaim” and “take ownership” of the derogatory term. The United States Patent and Trademark Office (“USPTO”) refused to register a trademark application...more

Kramer Levin Naftalis & Frankel LLP

If You Have Nothing Nice to Say, Say ®

On June 19, the Supreme Court struck down as unconstitutional a provision of the Lanham Act prohibiting federal registration of disparaging trademarks. The Court’s ruling in Matal v. Tam, 582 U.S. ___, No. 15-1298 (June 19,...more

Pillsbury Winthrop Shaw Pittman LLP

Brands that Bite - The Supreme Court unanimously rules that the First Amendment forbids the Trademark Office from refusing to...

By striking down the “disparagement clause,” a 70-year-old provision of federal trademark law, the Supreme Court’s ruling this week in Matal v. Tam has the potential to change the ways in which people conceive, market,...more

Lewitt Hackman

Disparaging, Degrading, Derogatory Trademarks: They're Now Enforceable Says Supreme Court

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You may remember that several national sports franchises are under fire for trademarks and branding that is seen to be racially disparaging. The Washington Redskins are the first team to come to mind, and it wasn’t too long...more

Fenwick & West LLP

Supreme Court Rocks the Trademark Office in “Slants” Case

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After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit a win this week. In its landmark ruling in Matal v. Tam...more

Bradley Arant Boult Cummings LLP

In Victory for The Slants, U.S. Supreme Court Strikes Lanham Act’s Disparagement Clause

In Matal v. Tam, the United States Supreme Court struck a provision of the Lanham Act that has been used to deny federal registration of trademarks deemed disparaging to “persons, . . . institutions, beliefs, or national...more

Akerman LLP - Marks, Works & Secrets

Supreme Court: Disparaging Speech Protected By First Amendment Lanham Section 2(a) Unconstitutional: A Win for the Slants and the...

In a unanimous (albeit fractured) decision written by Justice Alito, the United States Supreme struck down a provision of the Lanham (Trademark) Act barring registration of “disparaging” trademarks, handing a victory to...more

Orrick, Herrington & Sutcliffe LLP

Even Disparaging Trademarks are Registerable

The Supreme Court recently ruled 8-0 that the U.S. Patent and Trademark Office (“USPTO”) can no longer refuse to register trademarks because it deems them “disparaging” pursuant to a section of the federal trademark statute. ...more

Sherman & Howard L.L.C.

Intellectual Property Update: High Court Rules That Trademark Registration May Not Be Denied Due To Offensiveness

In an 8-0 ruling, the U.S. Supreme Court this week struck down a provision of the federal Lanham Act prohibiting the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any...more

Winthrop & Weinstine, P.A.

Lawyer Who Started Fight Over "R-Word" Mascot Awaits Decision

About a quarter century ago, Steve Baird — at the time, a freshly minted graduate of the University of Iowa law school clerking for a federal judge in Washington, D.C. — was spending most of his free weekends working on an...more

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