Intellectual Property Law Blog

Posts Tagged ‘trademarks’

SCOTUS Rules Trademark Disparagement Clause Unconstitutional

June 22nd, 2017

By Bridget Labutta, Esq.  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. Issued…

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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…

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

August 26th, 2015

By Bridget H. Labutta, Esq. Once you’ve trademarked the name of your business, no other entity can use that name in commerce. Everybody knows that. Right? Wrong, actually. One of the more common misconceptions we encounter in our trademark law practice is the belief that no two businesses can employ the same word as the…

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Protecting Your Intellectual Property on the Web

August 6th, 2015

By Bridget H. Labutta, Esq. 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…

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What Makes a Trademark Disparaging?

July 2nd, 2015

By Bridget H. Labutta, Esq. 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. One of the reasons an application for a trademark may be denied registration is if…

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