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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U.S. Supreme Court
Fourth Circuit Finally Rules on Washington Redskins Trademark Case
By Elizabeth A. Patton on
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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Still Wondering Whether SCOTUS Will Resolve the Copyright Registration Debate
By Elizabeth A. Patton on
This post follows up on my prior blog post regarding the case pending at the United States Supreme Court involving the question of when a copyright holder can properly file…
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After Matal v. Tam, Federal Circuit Rules on “Immoral” and “Scandalous” Trademarks
By Elizabeth A. Patton on
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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Will SCOTUS Resolve the Copyright Registration Debate?
By Elizabeth A. Patton on
Last month, a journalism collective called the Fourth Estate Public Benefit Corp. (“Fourth Estate”) petitioned the United States Supreme Court to review a decision issued by the Eleventh Circuit involving…
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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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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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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…