News & Analysis as of

Trademark Cancellation Supreme Court of the United States

McDermott Will & Emery

TTAB Judicial Appointments are Determined Constitutionally Sound

McDermott Will & Emery on

Addressing for the first time whether the Supreme Court of the United States’ recent decision in United States v. Arthrex, Inc. also applied to the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the...more

McAfee & Taft

Free speech legal battle changes law on disparaging trademarks

McAfee & Taft on

Last month, in Matal v. Tam, the U.S. Supreme Court affirmed the Federal Circuit Court of Appeal’s decision that struck down a portion of Section 2(a) of the Lanham Act....more

A&O Shearman

Matal v. Tam: Trademark Disparagement Clause Held Unconstitutional

A&O Shearman on

Yesterday, the Supreme Court held in an 8–0 decision that the disparagement clause in the Trademark statute—which prohibits the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute”...more

Sullivan & Worcester

The Slants and the Future of Disparaging Trademarks

Sullivan & Worcester on

Trademark and copyright law are in a constant struggle with the right of free expression guaranteed under the First Amendment of the US Constitution. This is unavoidable. Copyright laws were enacted to protect authors of...more

Dorsey & Whitney LLP

Pro Football Calls SCOTUS Audible

Dorsey & Whitney LLP on

As we noted here last week, the Director of the USPTO filed a petition for writ of certiorari to the U.S. Supreme Court requesting that it review the Federal Circuit’s en banc decision, In re Tam. That decision held Section...more

King & Spalding

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know

King & Spalding on

In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the top five most discussed issues....more

WilmerHale

Belmora v. Bayer: Does the Lanham Act Protect An Owner of a Well-Known Foreign Mark From Intentional Misuse of the Mark in the...

WilmerHale on

In Belmora LLC v. Bayer Consumer Care AG,1 the U.S. Court of Appeals for the Fourth Circuit is faced with novel issues about the reach of the Lanham Act. The case arose from Bayer’s filing of a petition to cancel Belmora’s...more

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