Intellectual Property Law Blog

Posts Tagged ‘trademarks’

SCOTUS Rules Trademark Disparagement Clause Unconstitutional

June 22nd, 2017

The U.S. Supreme Court recently ruled that the U.S. Trademark Office’s refusal to register “The Slants” as a trademark for an Oregon-based rock band was unconstitutional. This is a case the trademark attorneys at Panitch Schwarze have been watching closely, as this landmark decision could reshape U.S. trademark law significantly.

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Trademarks Update: Supreme Court to Decide Constitutionality of Disparagement Provision

October 20th, 2016

The U.S. Supreme Court is poised to answer a question that has plagued federal trademark law for decades: Does the government have the right to refuse to register trademarks which it has deemed “disparaging?” And, given that the First Amendment prohibits our government from restricting speech, does it make sense to have the U.S. Trademark Office approve or deny trademark registrations on grounds that may limit speech?

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U.S. Trademark Law and Google and BMW’s Shared ‘Alphabet’

August 26th, 2015

Once you’ve trademarked the name of your business, no other entity can use that name in commerce. Everybody knows that. Right?

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Protecting Your Intellectual Property on the Web

August 6th, 2015

Senator Ted Cruz of Texas made headlines earlier this year for a reason completely unrelated to his politics. Shortly after Cruz announced his candidacy for the next presidential election, the news media discovered that the presumptive Internet address for the new candidate’s campaign had been “hijacked” and now displayed a message that was contrary to Cruz’s own political stances.

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What Makes a Trademark Disparaging?

July 2nd, 2015

U.S. trademark law extends benefits and protections to the owners of registered trademarks, but not every name or brand identity is eligible for registration, as evidenced by controversies involving organizations such as the Washington Redskins.

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