Amid the hullabaloo over the U.S. Supreme Court’s decision this week in Matal v. Tam, a much broader and potentially more significant development might be overlooked. It shouldn’t be.
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When is a Price Not Just a Price But a Matter of Speech Protected by the First Amendment?
By Fox Rothschild LLP on
A New York case decided this week by the U.S. Supreme Court involving a state prohibition on credit card surcharge fees would not, at first blush, seem to involve “speech,”…
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The Devil with Disclaimers for Descriptive Marks
By Fox Rothschild LLP on
This week, the Federal Circuit issued a new decision that once again reflects the tricky conundrum facing businesses whose trademarks are a collection of descriptive words.
In such circumstances, the…
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The First Amendment Wins: ISU Is Barred From Viewpoint Discrimination in Its Trademark Licensing Program For Student Organizations
By Fox Rothschild LLP on
Yesterday, on February 13, 2017, the Eighth Circuit issued a resounding affirmation of First Amendment principles in a case raising the question of just how far a public university can…
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The First Amendment and Trademark Licensing at Public Universities: NORML Rules Apply
By Fox Rothschild LLP on
Next week (12/14/2016), in a marble tiled courtroom in frosty St. Paul, Minnesota, a panel of judges of the Eighth Circuit Court of Appeals will wrestle with a question that…
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What’s in a Name? Not a Trademark Registration, At Least
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Although a rose “by any other name would smell as sweet,” (Romeo & Juliet, Act II, sc. 2, ln 48), there just aren’t any trademark registrations to be…
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