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Trademarks › Commercial Speech

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Ervin Cohen & Jessup LLP

Can Product Reviews Be Subject To Lanham Act Liability?

Ervin Cohen & Jessup LLP on

On January 22, 2021, a divided Ninth Circuit panel ruled that a nutritional guide could constitute commercial speech subject to the Lanham Act. The Lanham Act is best known for being the primary federal trademark statute...more

Nilan Johnson Lewis PA

Avoid Getting SLAPPed on Your Next Non-Compete Case

Nilan Johnson Lewis PA on

Your employee quits without notice or explanation. You discover that she moved to a competitor in violation of her non-compete agreement, and what’s worse, days before her resignation, she downloaded your trade secrets onto a...more

Mintz - Trademark & Copyright Viewpoints

After the Supreme Court Touchdown, Washington Redskins Are Finally Winning at the Fourth Circuit and the PTO

Mintz - Trademark & Copyright Viewpoints on

Two incredible things happened in 1992 for the NFL football team Washington Redskins. It won the Super Bowl and applied to register a trademark Washington Redskins. It has not been so lucky ever since. It has not won another...more

Knobbe Martens

In Re: Erik Brunetti

Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Moore, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: The bar in § 2(a) of the Lanham Act against registering immoral or scandalous trademarks is an...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Strikes Down Statute Banning Scandalous and Immoral Trademarks

Akin Gump Strauss Hauer & Feld LLP on

• The Federal Circuit held that the “immoral or scandalous” clause of Lanham Act § 2(a), which prohibits registration of a trademark that “consists of or comprises immoral or scandalous matter,” is unconstitutional under the...more

CMCP - California Minority Counsel Program

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

CMCP - California Minority Counsel Program on

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

Foley Hoag LLP - Making Your Mark

Of Slants, Skins, And Signs: Section 2(a) Prohibition of Disparaging Trademark Registrations Struck Down!

Foley Hoag LLP - Making Your Mark on

Well, that happened! According to the Supreme Court’s opinion in Matal v. Tam, Section 2(a) of the Lanham Act, which purports to prohibit the registration of marks that “disparage . . . persons,” is unconstitutional. ...more

Bass, Berry & Sims PLC

Supreme Court Holds that First Amendment Protects Disparaging Trademarks

Bass, Berry & Sims PLC on

This week, the U.S. Supreme Court emphasized the importance of broad free speech protection in striking down a statute that allows the U.S. Patent and Trademark Office (USPTO) to refuse registration of disparaging trademarks....more

Foley Hoag LLP - Trademark, Copyright &...

Of Slants, Skins and Signs: Another Step Closer to the Showdown

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

In September, we discussed In re Tam and the potential for a showdown over the constitutionality of Section 2(a) of the Lanham Act. At that time, a panel of the Federal Circuit had recently upheld the PTO’s refusal to...more

Mintz - Trademark & Copyright Viewpoints

Washington Redskins Haven’t Won Yet: Why the Constitutionality of Section 2(a) is Not Yet Final

Mintz - Trademark & Copyright Viewpoints on

What do Washington D.C.’s NFL team, the Redskins, and Mr. Tam’s rock band, The Slants, have in common? Both have enjoyed unexpected victories recently and both have been called “disparaging” by the Patent and Trademark Office...more

McDermott Will & Emery

Federal Circuit Vacates Panel Decision on Disparaging Trademark and Orders En Banc Hearing - In re Tam

McDermott Will & Emery on

The U.S. Court of Appeals for the Federal Circuit issued a sua sponte order vacating its April 20, 2015, decision in In re Tam to consider the constitutionality of Section 2(a) of the Lanham Act, which provides that the U. S....more

Mintz - Trademark & Copyright Viewpoints

A Scandalous Mark to Some, Free Speech to Others: Federal Circuit to Decide Whether Controversial Limit on Trademark Registrations...

Mintz - Trademark & Copyright Viewpoints on

The Federal Circuit has decided to revisit the constitutionality of Section 2(a) of the Lanham Act in the case of In re Shiao Tam, 2015 U.S. App. LEXIS 6840 (Fed. Cir. Apr. 27, 2015). Section 2(a) of the Lanham act allows the...more

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