As a surprise to many, the Washington Redskins recently announced that it will be changing its 87-year old name. This decision comes after recent events that sparked nationwide discussions about
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Disparagement Provision
Scandalous Trademark Ban
Just when we thought the unconstitutionality of the ban on disparaging and scandalous trademarks had been resolved, the United States Patent and Trademark Office (“USPTO”) is shaking things up. As…
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After Matal v. Tam, Federal Circuit Rules on “Immoral” and “Scandalous” Trademarks
Continuing my ongoing coverage of the Lanham Act’s disparaging trademark ban, the Federal Circuit ruled today that the U.S. Supreme Court’s June 2017 ruling striking down the ban on disparaging…
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Are Offensive Trademark Registrations on the Rise?
In direct response to the U.S. Supreme Court’s decision striking down the constitutionality of section 2(a) of the Lanham Act, which as enacted barred the registration of disparaging trademarks, there…
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Slanting Toward the End of the Commercial Speech Doctrine
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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