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CAFC Constitutional Challenges

McDermott Will & Schulte

When is a word too common to trademark? Asking for a four-letter friend

In response to artist and entrepreneur Erik Brunetti’s ongoing efforts to register FUCK as a trademark for various goods and services, the US Court of Appeals for the Federal Circuit vacated the Trademark Trial & Appeal...more

Amundsen Davis LLC

Federal Appeals Court Strikes Down Trump Tariffs: Implications for U.S. Businesses

Amundsen Davis LLC on

On May 28, 2025, the United States Court of International Trade (“CIT”) determined that the Trump administration’s use of the International Emergency Economic Powers Act (“IEEPA”) to impose (1) overly broad worldwide...more

BCLP

Federal Circuit Affirms IEEPA Tariffs' Invalidation But Questions Persist as to Future Injunctive and Monetary Relief for...

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At summer’s start, the U.S. Court of International Trade (“CIT”) made headlines with a landmark decision invalidating the Trump Administration’s imposition of tariffs on nearly all imported goods from nearly all U.S. trading...more

Husch Blackwell LLP

Federal Circuit Finds IEEPA Reciprocal Tariffs and Trafficking Tariffs Illegal but Continue to Be Required at Time of Entry

Husch Blackwell LLP on

The U.S. Court of Appeals for the Federal Circuit held unenforceable the Trump administration’s Reciprocal Tariffs and Trafficking Tariffs instituted under the International Emergency Economic Powers Act (IEEPA). In V.O.S....more

Clark Hill PLC

Federal Circuit invalidates Trump’s IEEPA tariffs on global imports

Clark Hill PLC on

In a landmark ruling, the U.S. Court of Appeals for the Federal Circuit has affirmed that the President lacks authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs on imports. ...more

Wiley Rein LLP

CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

Wiley Rein LLP on

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of...more

Willcox & Savage

Trump Too Small: The Lanham Act Names Clause

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To guide potential trademark owners and to foster strong protection for trademarks under U.S. law, the Lanham Act; 15 U.S.C. §1052, defines the types of trademarks and service which marks can be registered by whittling away...more

Epstein Becker & Green

How Big a Deal Is “Trump Too Small”? – SCOTUS Today

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The question of whether a would-be trademark, “TRUMP TOO SMALL,” warrants a First Amendment exception to the Lanham Act’s prohibition on registering a living person’s name as a trademark without that person’s permission has...more

Jones Day

Timing Of Arthrex Remands Remains Fuzzy

Jones Day on

The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay...more

Polsinelli

The PTAB and the Arthrex Decision: A Constitutional Question

Polsinelli on

The Appointments Clause of the U.S. Constitution1 provides that “principal officers” of the United States must be appointed by the President upon the advice and consent of the Senate. “Inferior officers,” on the other hand,...more

A&O Shearman

Intellectual Property Newsletter - January 2018

A&O Shearman on

Shearman & Sterling’s IP litigation team has published its latest newsletter. The newsletter addresses a number of current IP topics, ranging from the constitutionality and judicial reviewability of inter partes review to...more

Mintz - Intellectual Property Viewpoints

Supreme Court to Decide the Constitutionality of Inter Partes Review

In a move that could drastically change the patent law landscape, the United States Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, to answer the question...more

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