Posts Tagged: immoral
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 …
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 …
Supreme Court Asked to Consider Immoral or Scandalous Trademarks
On September 7, 2018, the government filed a petition for writ of certiorari in the case relating to Eric Brunetti’s clothing brand, called FUCT. Although Brunetti has marketed …
Matal v. Tam: What’s New and What to Watch in Registration of Disparaging, Immoral, and Scandalous Trademarks
Many other related issues remain ripe for consideration in Brunetti and future cases. Most significantly, are trademarks considered “commercial speech?” If so, laws relating to trademarks might …
Disparaging, Immoral, and Scandalous Trademarks Since Matal v. Tam
A little more than one year ago, the U.S. Supreme Court struck down the Lanham Act’s disparagement clause as unconstitutional in Matal v. Tam, 137 S. …
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 …
Ban on ‘Immoral” and ‘Scandalous’ Trademarks Ruled Unconstitutional
After Tam was decided without expressly finding Section 2(a) unconstitutional in its entirety, the Federal Circuit requested additional briefing on the impact of Tam to Brunetti. The …
Schedule I status for marijuana prompts TTAB to deny trademark registration for JUJU Joints
A decision to deny trademark registration for two marks to be used on marijuana related goods was handed down in late October by the USPTO’s Trademark …
ABA files amicus brief in Lee v. Tam to correct errors in trademark law made by Federal Circuit
In the brief, the ABA takes no official opinion on whether the disparagement provisions of the Lanham Act are invalid in the face of constitutionally-protected free speech. …
Amid Cultural Debate on Political Correctness, Trademarks with Racial Overtones Look Set for Supreme Court
Two cases making their way through the Federal courts may force the Supreme Court to consider the issue of what sorts of trademarks should be considered “disparaging,” …
