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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U.S. Supreme Court
Bankruptcies Do Not Revoke TM Licenses
This week, the U.S. Supreme Court issued a decision in the Product Holdings, Inc. v. Tempnology, LLC N/K/A Old Cold LLC case previously blogged about here and here. The…
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In Adopting the Registration Approach to Copyright Suits, SCOTUS Highlights a Statute of Limitations Issue
SCOTUS has finally resolved the copyright registration debate but in doing so has emphasized a statute of limitations issue of which we should all be aware. This post follows up…
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“Scandalous” Trademarks, and Why They May Become More Prevalent

Of late, multiple authors of this blog have followed the legal landscape around “scandalous” trademarks. In particular, this post follows up on the USPTO’s petition to the Supreme Court, which…
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Cert Granted in TM Bankruptcy Case
As I previously blogged about, there is a circuit split as to whether, when a trademark owner/licensor files for bankruptcy, the licensee of the trademark can legally continue use of…
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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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How Bankruptcy Effects Rights Under Trademark Licenses
When a trademark owner/licensor files for bankruptcy, there is an open question as to whether the licensee of the trademark can legally continue use of the mark or whether the…
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Supreme Court to Decide Copyright Circuit-Split
Yesterday the United States Supreme Court announced that it was granting the petition for writ of certiorari in the copyright infringement case previously discussed on this blog here and here…
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Loss of the Swing Vote
Justice Anthony Kennedy of the United States Supreme Court announced his retirement yesterday, after having served three decades on the bench. Justice Kennedy is known for casting the swing vote…
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Fourth Circuit Finally Rules on Washington Redskins Trademark Case
In what may be the final installment of a series of blog posts related to the Lanham Act’s disparaging trademark ban and its effect on the Washington Redskins’ trademarks, the…
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