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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Lanham Act
Marketing to Children
By Elizabeth A. Patton on
When marketing products or services to children, companies should be aware of applicable statutes and guidance and should be particularly cautious with their advertising claims.
Lanham Act & FTC Act…
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“I Can” and “I Will” File a Lawsuit
By Elizabeth A. Patton on
Earlier this week, Under Armour filed a declaratory judgment action in Maryland federal court against Battle Fashions Inc. and Kelsey Battle seeking an order that Under Armour is not infringing…
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Are Offensive Trademark Registrations on the Rise?
By Elizabeth A. Patton on
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
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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FTC Secures Refunds for Indoor Tanning System Consumers
By Elizabeth A. Patton on
In April 2016, the FTC filed a Complaint against Dr. Joseph Mercola and his companies alleging that their indoor tanning system advertisements violated section 5(a) of the FTC Act, which…
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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…
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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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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