On December 1, 2021, Judge Pitman of the Western District of Texas granted a preliminary injunction to prevent the Texas Attorney General from enforcing HB 20. NetChoice v. Paxton. HB 20 prohibits large social media platforms...more
The June 14, 2018 post “The President May Not Block Twitter Followers Because They Disagree With Him Politically” reported how the District Court in Knight First Amendment Inst. at Columbia University v. Trump, 302 F.Supp.3d...more
With the presidential election less than a month away, it is more important than ever that employers proactively manage their work environment to protect against the potential pitfalls that can arise when political...more
Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more
Widely considered a star of social media, Alexandria Ocasio-Cortez backed down from a Twitter fight in the form of a lawsuit filed by one of her Twitter followers. The suit, filed by former New York assemblyman Dov Hikind,...more
On June 24, 2019, the U.S. Supreme Court, in Iancu v. Brunetti, struck down the Lanham Act’s prohibition on the registration of “immoral” or “scandalous” trademarks. Justice Kagan wrote for the 6-3 majority, holding that the...more
In a 6–3 opinion, the Supreme Court of the United States affirmed a 2017 US Court of Appeals for the Federal Circuit decision holding the ban on registration of immoral or scandalous trademarks under the Lanham Act to be an...more
Two years ago, we wrote about a possible First Amendment challenge involving Donald Trump’s practice of blocking certain Twitter users from his @realDonaldTrump account. ...more
“FUCT.” You can pronounce it as four letters, one after the other. Or you can pronounce it like Justice Kagan as the “past participle form of a well-known word of profanity.” Either way, the word can be registered as a...more
In a closely watched case, the Second U.S. Circuit Court of Appeals held on July 8, 2019 that President Trump violated the First Amendment by blocking disfavored users on his @RealDonaldTrump Twitter account. This important...more
One-year Clock for Filing IPR Petition Applies to Litigants and Parties that Become Privies of the Litigant Prior to Institution. In Power Integrations, Inc v. Semiconductor Components, Appeal No. 2018-1607, the Federal...more
On July 9, 2019, the U.S. Court of Appeals for the Second Circuit held that the First Amendment prohibits the government from blocking social media users from accessing the Twitter account @realDonaldTrump. See Knight First...more
Last week, on June 24, 2019, the United States Supreme Court ruled that the Lanham Act’s “immoral or scandalous” bar to trademark registration constitutes viewpoint discrimination in violation of the First Amendment, and thus...more
As usual, the last month of the Supreme Court’s term generated significant rulings on all manner of cases, possibly presaging the new directions the Court will be taking in administrative and regulatory law....more
In a decision that is likely to trigger a rush to register trademarks that may be seen as obscene, vulgar, or profane, the U.S. Supreme Court recently determined, in a 6-3 opinion authored by Justice Elena Kagan, that a...more
Three recent court decisions reaffirm the expansive immunity awarded to online providers that host third-party content under Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c): California’s Superior...more
In permitting the registration of the “vulgar” term FUCT, the Supreme Court recently extended its 2016 ruling from Matal v. Tam, which allowed the registration of the trademark THE SLANTS for an Asian-American rock band...more
Late last week, the Supreme Court issued a ruling in two cases concerning the constitutionality of political gerrymandering: Rucho v. Common Cause, a case arising out of North Carolina, and Lamone v. Benisek, arising out of...more
The road to permitting the registration of George Carlin's "seven dirty words" began in 2017, with the Supreme Court holding unconstitutional the Trademark Act's prohibition against registration of trademarks which are...more
On June 24, 2019, the United States Supreme Court, in Iancu v. Brunetti, reviewing the trademark application for “FUCT”, held that the Lanham’s Act’s provision, prohibiting the registration of “immoral[] or scandalous”...more
In our prior blog entries... we followed the course of Matal v. Tam, the case involving the mark “THE SLANTS.” In that case, the Supreme Court struck down a portion of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), on...more
On Monday, the Supreme Court held that the ban on “immoral or scandalous” trademarks was unconstitutional under the First Amendment. The Court found that, as with the recently struck down ban on “disparaging” marks, the ban...more
The U.S. Supreme Court this week officially pulled the plug on the Lanham Act’s prohibition on the registration of trademarks that comprise “immoral” or “scandalous” matter on First Amendment grounds. The prohibition, found...more
Earlier this week the United States Supreme Court struck down a century-old provision in the Lanham Act that banned the registration of marks deemed “immoral” or “scandalous.” By a 6-3 vote, the Court found in Iancu v....more
On Monday, the U.S. Supreme Court issued an opinion in Iancu v. Brunetti, No. 18-302, finding that the Lanham Act prohibition against registration of scandalous or immoral trademarks violates the First Amendment of the U.S....more