Trademark law intersects with First Amendment free speech rights in several key ways: Prior Restraint and Content-Based Restrictions: When the government denies trademark registration based on the...
At the complex intersection of trademark law and First Amendment protections, courts have developed a sophisticated framework to balance commercial trademark rights under the Lanham Act against First...
The Lanham Act serves as the cornerstone of federal trademark law in the United States, establishing comprehensive protections for brands, consumers, and public figures alike. Among its many...
Eight months after the U.S. Supreme Court held in the Elster case that so-called Names Clause under Section 2(c) of the Lanham Act, the federal trademark law, prohibited the use of a living person’s...
Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights. The keyword among these cases – two trademark, one...
The facts are as follows. The plaintiff, Punchbowl, Inc., is an online greeting card company, using and owning the PUNCHBOWL mark since 2006. The defendant AJ Press is the owner of PUNCHBOWL NEWS, an...
In the runup to the issuance of the U.S. Supreme Court opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, which is due sometime in the spring 2023, which will deal with the...
TRUMP TOO SMALL mark, Steven Elster, applicant, Ser. No. 87749230, filed Jan. 10, 2018 On February 24, 2022, the Court of Appeals for the Federal Circuit held in In re Elster, that Section 2(c) of...
Applicant’s proposed stylized mark with pixelation On February 2, 2022, the Court of Appeals for the Federal Circuit affirmed in In re Vox Populi Registry Ltd., the decision of the USPTO’s Trademark...
Two recent U.S. Supreme Court decisions in Matal v. Tam, decided in 2017, and Iancu v. Brunetti, decided this past May, both dealt with registration of trademarks under 15 U.S.C. §1052(a) (§2(a))...