Does the Lanham Act’s restriction on registration of trademarks that include an individual’s name without the consent of such individual violate the Free Speech Clause of the First Amendment, even when the mark expresses...more
6/17/2024
/ First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Matal v Tam ,
SCOTUS ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Vidal v Elster
Can an alleged trademark infringer avoid the likelihood-of-confusion test by claiming its use is an “expressive work”? In Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. __ (2023), the Supreme Court recently...more
United States trademark law makes a strong distinction between “descriptive” and “generic” terms. The former are potentially accorded substantial benefits, while the latter can never be entitled to protection and are not...more
5/4/2020
/ Acquired Distinctiveness ,
Booking.com ,
Corporate Branding ,
Descriptive Trademarks ,
Domain Names ,
Generic Marks ,
gTLD ,
Oral Argument ,
SCOTUS ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO