Nike continues to flex its ever-growing muscles in protecting its lucrative Jumpman brand, blocking the NFL’s Rob Gronkowski’s registration of a silhouette of his signature touchdown spike earlier this week.
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Trademark Litigation
Slanting Toward the End of the Commercial Speech Doctrine
By Fox Rothschild LLP on
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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SCOTUS Strikes Down Disparaging Trademark Ban
By Elizabeth A. Patton on
This morning, the United States Supreme Court issued its long-anticipated ruling in the Lee v. Tam (now designated Matal v. Tam) trademark dispute involving the rock band, The Slants. …
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USA Warriors Ice Hockey Registration Refused – No Consent, No Coexistence
By Fox Rothschild LLP on
The Trademark Trial and Appeal Board refused to allow registration of a USA Warriors Ice Hockey Program mark for “arranging and conducting ice hockey programs for injured and disabled members…
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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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LIFEPROOF: What’s in a Word?
By Fox Rothschild LLP on
What comes to mind when you hear the term “LifeProof”? Does it immediately make you think of something that protects from all of life’s hazards or does it merely suggest…
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Anticipated Oral Argument Finally Heard
By Elizabeth A. Patton on
This morning, the United States Supreme Court heard the long-anticipated oral argument in the Lee v. Tam trademark dispute. The issue in the case, as reported on the SCOTUS blog…
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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Disparaging Trademark Dispute Heats Up Before Supreme Court
By Elizabeth A. Patton on
The ongoing battle before the United States Supreme Court regarding the ability to register disparaging trademarks, prior details of which can be found in earlier blog posts here, here…
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