Posts Tagged: first amendment


The Right to be Wrong: Public Opinions, Private Data and Twitter’s Proposed Flagging Policy

Twitter officials recently announced they’ll begin placing a notice over tweets that violate their standards regarding abusive or bullying behavior, but that they still deem to …
By Michael Priem
5 months ago 10

Supreme Court ‘FUCT’ Case Ends With a Bang: Ban on ‘Immoral or Scandalous’ Marks Fails First Amendment Scrutiny

The Lanham Act’s ban on federal registration of “immoral or scandalous” trademarks is unconstitutional under the First Amendment.  So held the United States Supreme Court on …

Rule Requiring Prescription Drug Price Disclosures in TV Ads Will Create Complex Lanham Act Enforcement Issues and First Amendment Implications

A Final Rule issued by the Centers for Medicare and Medicaid Services (CMS) on May 8 (the “Final Rule”) that requires direct-to-consumer (DTC) television advertisements for a prescription …

Tam 2.0? SCOTUS Likely to Strike Down Bar on Immoral/Scandalous Marks in Iancu v. Brunetti

Following our visit to the Supreme Court for Monday’s entertaining oral argument in Iancu v. Brunetti, we can report that the Court seems likely to strike …

In Honor of April Fools’ Day: Diving Into Deepfakes

Deepfake technology has made headlines recently for its use in creating fake portrayals of celebrities, but the long term implications could be much more sinister than phony …
By Amanda G. Ciccatelli
8 months ago 0

Iancu v. Brunetti: the Briefs Examined

The U.S. Supreme Court on January 4th granted certiorari to take up Iancu v. Brunetti on appeal from the Court of Appeals for the Federal Circuit. …
By Steve Brachmann
11 months ago 2

Supreme Court to Hear Second Case on Constitutionality of Lanham Act’s Scandalous and Disparaging Marks Provision

Whatever the Court decides, practitioners will welcome further clarity on the issue, since the Tam ruling was a 4 to 4 split decision with no real agreement on the …
By Eileen McDermott
11 months ago 0

Ribbon Communications Decries ‘Baseless Attacks’ on IP Rights After Metaswitch Networks Files Antitrust Suit

Secure cloud communications provider Ribbon Communications announced it would continue to enforce its intellectual property rights in the face of what it called “baseless attacks” by its …
By Steve Brachmann
12 months ago 0

‘Honey Badger Don’t Care’ But the Ninth Circuit Does, Finds Triable Issue of Fact in Gordon v. Drape Creative

Christopher Gordon, under the pseudonym “Randall,” released the Honey Badger movie in 2011 and the 3:20-long video has been viewed more than 89 million times. Gordon filed trademark applications …
By Steve Brachmann
1 year ago 1

Prohibition of Immoral or Scandalous Trademarks Held Unconstitutional

In re Brunetti, the Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision affirming a refusal to register the mark “FUCT” because it comprised immoral …

Are Corporate Employees Protected by the First Amendment?

As it related to the Google incident, it was first reported that a memo authored by a Google employee, titled “Google’s Ideological Echo Chamber”, was being …
By Amanda G. Ciccatelli
2 years ago 6

USPTO Navigates New Territory In The Wake of Matal v. Tam

The USPTO issued Examination Guide 01-17 on Monday, June 26, 2017, entitled “Examination Guidance for Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with …

USPTO denies permit to US Inventor for PTAB protest

US Inventor had planned on staging an event at which the organization would stage a peaceful protest of the Patent Trial and Appeal Board (PTAB). However, a …

Supreme Court Ruling Opens Door to Additional Constitutional Challenges to the Lanham Act

The Supreme Court ruled that the anti-disparagement clause in the Lanham Act violates the Free Speech Clause in the First Amendment. Matal v. Tam. As a result, …
By Damian R LaPlaca
2 years ago 0

Supreme Court Rocks the Trademark Office in ‘Slants’ Case

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 …