Posts Tagged: washington redskins


Fumble: How Brands Lose their Fans

Branding goes beyond thinking about a catchy name and color scheme to compose the trademark that will represent the company’s products or services. Today, more than …

Washington, D.C. NFL Team Loses Race to the Trademark Office: Does it Matter?

As previously reported, Washington, D.C.’s professional football team announced recently that it has decided to retire the “Redskins” name and logo. In surveys throughout the …
By Michael T. Smith
1 year ago 3

Washington’s NFL Team is in a Race Against Time to Find Its New Trademark

After decades of legal battles in which they ultimately succeeded in maintaining the legal right to federal trademark registration of the “REDSKINS” moniker—through the separate efforts …
By Marsha Gentner
1 year ago 11

Countering Cultural Appropriation Through Trademark Laws

Recent controversy surrounding Kim Kardashian's truncated move to trademark the term "Kimono" for her new line of undergarment shapewear has subsided, with Kardashian formally announcing that she …
By Dr. Dariush Adli
2 years ago 1

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 …
By Brian Iverson
3 years ago 1

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. …
By Brian Iverson
3 years ago 1

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 …

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
4 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 …

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
4 years ago 8

Frankly My Dear I Don’t Give a Tam: The Oddball Consequences of In re Tam

The Supreme Court heard oral argument on the cloudy Wednesday morning of January 18, 2017. Although the Justices posed tough questions and intricate hypotheticals to both sides, the tone …

Supreme Court to decide if disparagement provision in the Lanham Act is invalid under the First Amendment?

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 …
By Eric Ball & Moira Lion
5 years ago 0

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 …

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,” …

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
6 years ago 4