It’s old news by now, but the Supreme Court ruled earlier this week that the immoral and scandalous trademark ban set forth in Section 2(a) of the Lanham Act is
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First Amendment
Student Organization Trademark Licensing Dispute Results in Emotional Distress Damages
By Elizabeth A. Patton on
At most public universities, student organizations are permitted to license various university trademarks to designate the organization’s involvement with the university and the organization’s status as a registered student organization. …
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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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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 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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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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What’s in a Name? Not a Trademark Registration, At Least
By Fox Rothschild LLP on
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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