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Appeals Trademark Registration Certiorari

Knobbe Martens

3-2-1 Blast Off: US Space Force Trademark Dispute Aims for the Supreme Court

Knobbe Martens on

The trademark attorney Thomas D. Foster has found himself in ongoing legal star wars to register US SPACE FORCE as his personal trademark covering coins, jewelry, watches, license plate holders, toys, and other everyday...more

Knobbe Martens

A Mark Styled "Generic.Com" May Be Trademark Eligible

Knobbe Martens on

Before the Supreme Court of the United States. On Writ of Certiorari from the United States Court of Appeals for the Fourth Circuit. Summary: A term styled "generic.com" is not necessarily generic and can be eligible for...more

Akerman LLP - Marks, Works & Secrets

The Parameters of Generic Marks: Booking.com before the Supreme Court

The Lanham Act (“Act”) makes it clear that generic terms cannot be registered as trademarks. But can an online business create a protectable trademark by adding a generic top-level domain (e.g., “.com”) to an otherwise...more

McDermott Will & Schulte

Supreme Court to Consider When a Mark Is Too Generic for Protection

The Supreme Court of the United States granted certiorari on a petition filed by the US Patent and Trademark Office (PTO) seeking to overturn a district court decision in favor of Booking.com. The PTO argues that the mark is...more

Ward and Smith, P.A.

Dot-Com Hits the Supreme Court

Ward and Smith, P.A. on

Breaking News! What happened? The United States Supreme Court recently announced that it has granted certiorari in United States Patent and Trademark Office v. Booking.com B.V., a case about whether the addition of...more

International Lawyers Network

No Longer “FUCT” - Scandalous Mark Provision Struck Down By Supreme Court

What constitutes a “scandalous” trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act, later codified in the 1946 Lanham...more

Snell & Wilmer

Supreme Court Hears Oral Argument on “Immoral or Scandalous” Trademark Prohibition

Snell & Wilmer on

Earlier this week, the Supreme Court of the United States heard oral argument in Iancu v. Brunetti regarding the constitutionality of the portion of Lanham Act, Section 2(a) (15 U.S.C. § 1052(a)) that prohibits the United...more

BakerHostetler

Protected or Unprotected: The Supreme Court Hears Iancu v. Brunetti

BakerHostetler on

On April 15, 2019, the Supreme Court will hear arguments on whether dirty words and vulgar terms may be registrable as trademarks – and if so, what is the test? Section 2(a) of the Trademark Act currently provides that the...more

Mintz - Trademark & Copyright Viewpoints

The FUCT Mark: Is the Prohibition on Scandalous Marks Unconstitutional?

The constitutionality of yet another portion of Section 2(a) of the Lanham Act will soon be determined. Following in the footsteps of the blockbuster decision in Matal v. Tam, 137 S. Ct. 1744 (2017) (“Tam”), the U.S. Supreme...more

McDermott Will & Schulte

Supreme Court to Address Whether Trademark Protection Is Permitted for Immoral, Scandalous Marks

The Supreme Court of the United States granted the US Patent and Trademark Office’s (PTO’s) request that it address whether the prohibition of federal trademark protection for “immoral” or “scandalous” marks is invalid under...more

Snell & Wilmer

How Scandalous! SCOTUS Again Takes up Whether the Lanham Act Violates the First Amendment

Snell & Wilmer on

On Friday, the Supreme Court of the United States agreed to hear a case that will decide whether the federal ban on trademark protection for “scandalous” material is unconstitutional. In re Brunetti follows the U.S. Patent...more

Foley Hoag LLP - Trademark, Copyright &...

Of Slants, Skins and Signs: No Relief For Trademark Applicant Until Supreme Court Weighs In

As part of our continuing monitoring of this issue, we bring you the latest chapter in the saga over the registration of THE SLANTS trademark. After the en banc Federal Circuit struck down Section 2(a) as facially...more

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