Posts Tagged: free speech


This Week on Capitol Hill: Clean Energy Innovation, More Debate on Prescription Drug Pricing and Technological Censorship of Free Speech

The Senate has a busy schedule related to tech and innovation topics for the week of April 8, including hearings on prescription drug pricing, broadband Internet coverage maps …
By IPWatchdog
7 months ago 0

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
10 months ago 0

False Advertising, Free Speech, and the Fight Over Plant-based and Lab-Grown Meat Alternatives

Missouri made history in August 2018 when it became the first state to regulate the use of the word “meat” on product labels. The new legislation takes aim …
By Yitzchak Besser
11 months ago 3

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

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

Industry Reaction to SCOTUS First Amendment Decision in Matal v. Tam

Lauren Emerson, Baker Botts, LLP: "Today’s decision, while not surprising, is momentous, as any decision striking a longstanding legislative provision based on freedom of speech would …
By Gene Quinn & Renee C. Quinn
2 years ago 8

Supreme Court to Consider “Disparaging” Trademarks

The U.S. Supreme Court agreed yesterday to review a Federal Circuit ruling that held unconstitutional a law prohibiting registration of trademarks that “may disparage” people or …

Unconstitutional – CAFC Rules PTO Cannot Deny Registration for Disparaging Trademarks

Yesterday the Federal Circuit in an en banc decision held that the portion of Section 2(a) of the Trademark Act, which bars federal registration for trademarks that …
By Brian Focarino
4 years ago 4

Does the First Amendment Protect False and Misleading Speech?

Yes, I had the audacity to say what is objectively correct. There is no absolute right under the First Amendment to engage in false or misleading speech. …
By Gene Quinn
8 years ago 40