Posts Tagged: Lanham Act
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 …
Federal Alcohol Labeling Following Tam and Brunetti
The U.S. Supreme Court and the Court of Appeals for the Federal Circuit recently struck down certain trademark registration requirements on First Amendment grounds. These cases …
CBD Wins with USPTO’s New Examination Guide for Cannabis Marks, but Lawful Use Requirements Remain Intact
On May 2, 2019, the USPTO issued a new examination guide titled “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill.” A …
Iancu v. Brunetti: Lawyers Weigh In On Fate of Scandalous Trademarks
In Iancu v. Brunetti (Case No. 18-302), the United States Patent and Trademark Office (USPTO) is appealing to the Supreme Court from a U.S. Court of …
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 …
Brunetti Briefs: Section 2(a) Bar on Immoral or Scandalous Marks Fails Constitutional Test
On April 15, the Supreme Court will hear oral argument in Iancu v. Brunetti, a case the International Trademark Association (INTA) has remarked raises a critical issue for …
SCOTUS to Hear ‘The Most Significant Unresolved Legal Issue in Trademark Licensing’ in Mission Product Holdings Inc. v. Tempnology, LLC
On February 20, the Supreme Court will hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC on appeal from the Court of Appeals for the First …
Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo
On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …
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 …
‘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 …
International Trademark Lessons from the Bayer-Belmora FLANAX Trademark Fight
A closely watched cross-border trademark case finally has been resolved, and the results of the case have implications for global trademark holders. A U.S. District Court …
Trademark Licensing Protection Act to Prevent Brand Control from Creating Joint Employer Relationship
Congressman Steve Chabot (R-OH) and Congressman Henry Cuellar (D-TX) are co-sponsoring H.R. 6695, the Trademark Licensing Protection Act of 2018, which has been referred to the House Committee …
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. …
