News & Analysis as of

Certiorari First Amendment Appeals

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

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U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more

Dorsey & Whitney LLP

The Supreme Court Update - July 3, 2025

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The Supreme Court of the United States granted certiorari in five cases today: Little v. Hecox; West Virginia v. B.P.J., Nos. 24-38, 24-43: These two cases will address whether states may prohibit transgender women and...more

WilmerHale

Supreme Court To Decide Significant Case On When To Bring Constitutional Challenge Against State Attorney General In Federal Court

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On June 16, 2025, the Supreme Court granted certiorari in a case from the Third Circuit regarding the availability of a federal forum to raise constitutional challenges to a subpoena issued by a state attorney general....more

Axinn, Veltrop & Harkrider LLP

Wynn v. The Associated Press, et al.: A Recent Petition for a Writ of Certiorari Highlights Challenges to New York Times v....

The 1964 Supreme Court case New York Times v. Sullivan, which requires public officials to prove “actual malice” to succeed on a defamation claim, was a watershed moment in defamation law. Curtis Publishing Co. v. Butts was...more

Dorsey & Whitney LLP

The Supreme Court Update - January 21, 2025

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The Supreme Court of the United States issued one decision today: Andrew v. White, No. 23-6573: In this case, the Court addressed whether the State violated petitioner Brenda Andrew’s due process rights when, during her...more

McDermott Will & Emery

First Amendment Bowled Over by Lanham Act – Again

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In response to the Supreme Court of the United States’ ruling in Jack Daniel’s, the US Court of Appeals for the Ninth Circuit reconsidered its 2022 decision in Punchbowl v. AJ Press and determined that Jack Daniel’s reset...more

McDermott Will & Emery

“TRUMP TOO SMALL” Trademark Decision Heads to Supreme Court

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The Supreme Court agreed to review the US Patent & Trademark Office’s (PTO) challenge to a February 2022 ruling by the US Court of Appeals for the Federal Circuit. In the ruling at issue, the Federal Circuit held that...more

McDermott Will & Emery

Supreme Court to Consider First Amendment Protection for Parody Dog Toy

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The Supreme Court of the United States has agreed to consider the scope of protection afforded by the First Amendment to commercial parody products that feature the unauthorized use of another party’s trademark(s). Jack...more

Franczek P.C.

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

Franczek P.C. on

In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more

Dorsey & Whitney LLP

The Supreme Court - March 8, 2021

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Today, the Supreme Court of the United States issued the following decision: Uzuegbunam v. Preczewski, No. 19-968: Petitioner Chike Uzuegbunam, while attending Georgia Gwinnett College – a public college – sought to...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

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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

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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 & Emery

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

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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

Littler

U.S. Supreme Court Agrees to Hear Two Additional Employment Cases This Term

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On September 28, 2017, the U.S. Supreme Court granted certiorari in two cases with labor and employment implications. - In the first case, Janus v. American Federation of State, County, and Municipal Employees, Council 31...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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