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is an Associate with Fenwick & West. She focuses her practice on U.S. and international trademark clearance, trademark prosecution, dispute resolution, and enforcement. She advises clients on all aspects of brand management from creation, selection, and protection to expansion and enforcement. While attending law school, Moira served as a research assistant for leading IP scholar, Professor Jennifer Rothman, for whom she studied legal issues and drafted memoranda related to trademark dilution, commercial speech, fair use, the Copyright Act of 1909, and the right of publicity. She also participated in moot court, eventually becoming Chief Justice of her school’s Moot Court Honors Board in her last year of law school. Additionally, she interned with the in-house counsel at a robotics startup and with the technology transactions group of a leading international law firm.?
Based on the question presented in Lee v. Tam, the Supreme Court made clear that its grant of review is only as to the disparagement provision in Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), but the outcome of this case will affect the other types of marks excluded by Section 2(a), such as marks that may be viewed as immoral or scandalous. Indeed, in a footnote in its en banc decision the Federal Circuit “recognized…that other portions of § 2 may likewise constitute government regulation of expression based on message, such as the exclusions of immoral or scandalous marks….”