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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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