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First Amendment › Corporate Counsel › Trademarks

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Coblentz Patch Duffy & Bass

Monkey Business No More: Ninth Circuit Rules NFTs Are Protected by Trademark Law, Confirms the Limits of Expressive Speech...

Coblentz Patch Duffy & Bass on

Key Takeaways - The Ninth Circuit confirmed that non-fungible tokens (NFTs) are ‘goods’ under the Lanham Act and can be protected by trademark law....more

Vorys, Sater, Seymour and Pease LLP

The Supreme Court and Intellectual Property in 2024-2025: What Was Decided, What Is To Come And What Was Declined

Vorys, Sater, Seymour and Pease LLP on

In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several...more

Proskauer - Minding Your Business

Ninth Circuit Provides Further Guidance on Trademark Lawsuits Involving “Expressive Works”

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We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. v. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment...more

Goodwin

MetaBirkins Post-Trial Ruling Clarifies Line Between Trademark Infringement and Free Expression and Grants Broad Injunctive Relief

Goodwin on

On Friday, June 23, 2023, Judge Jed Rakoff issued a highly anticipated decision, permanently enjoining artist Mason Rothschild from selling “MetaBirkin” NFTs, which depict furry, digital versions of the Hermès signature...more

McDermott Will & Schulte

2023 IP Outlook: Trademark and Copyright Supreme Court Update

McDermott Will & Schulte on

Three interesting intellectual property cases are on the Supreme Court of the United States’ docket in 2023. The Supreme Court’s opinions in these cases could have significant implications for trademark and copyright disputes...more

ArentFox Schiff

Breaking News - Hermès Makes History With First NFT Trademark Trial Victory

ArentFox Schiff on

A New York City jury just returned a verdict in favor of Hermès in a historic dispute between the luxury fashion house and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to Hermès’ famous...more

Pierce Atwood LLP

Federal Court Rules MetaBirkin NFTs Entitled to First Amendment Protection in Hermès Trademark Case

Pierce Atwood LLP on

In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. District Court for the Southern District of New York’s opinion in Hermès International, et al. v. Mason Rothschild sheds new light on how...more

McDermott Will & Schulte

“TRUMP TOO SMALL” Trademark Decision Leaves Big Questions

McDermott Will & Schulte on

Revisiting jurisprudence touching on the Lanham Act and the First Amendment from the Supreme Court’s decisions in Matal v. Tam and Iancu v. Brunetti, the US Court of Appeals for the Federal Circuit held that applying Sec....more

Ervin Cohen & Jessup LLP

Can Product Reviews Be Subject To Lanham Act Liability?

Ervin Cohen & Jessup LLP on

On January 22, 2021, a divided Ninth Circuit panel ruled that a nutritional guide could constitute commercial speech subject to the Lanham Act. The Lanham Act is best known for being the primary federal trademark statute...more

Tarter Krinsky & Drogin LLP

Significant 2019 Trademark Developments

Tarter Krinsky & Drogin LLP on

In the past calendar year, we saw several significant decisions from the Supreme Court pertaining to trademarks. In Iancu v. Brunetti, 139 S. Ct. 2294, the Supreme Court took another step in dismantling the prohibitions on...more

Sunstein LLP

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

Sunstein LLP on

The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Strikes Down Ban on Offensive Trademarks

McDonnell Boehnen Hulbert & Berghoff LLP on

On June 24, 2019 the U.S. Supreme Court issued an opinion in Iancu v. Brunetti, No. 18-302, finding that the Lanham Act prohibition against registration of scandalous or immoral trademarks violates the First Amendment of the...more

Perkins Coie

Changing Landscape for Video Game Developers in Third-Party IP Suits?

Perkins Coie on

What do the manufacturer of a military-grade light tactical wheeled vehicle and a 19th century private-detective agency have in common? Each has recently been involved in litigation with a video game developer for infringing...more

Cooley LLP

Alert: US Appeals Court Strikes Ban on Registering ‘Immoral’ or ‘Scandalous’ Trademarks

Cooley LLP on

In a much-anticipated and yet unsurprising outcome, the US Court of Appeals for the Federal Circuit on December 15 struck the law barring registration of "immoral" or "scandalous" trademarks as unconstitutional in violation...more

Dorsey & Whitney LLP

Federal Circuit Holds Lanham Act’s Bar on Registering “Disparaging Marks” Violates the First Amendment

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The U.S. Court of Appeals for the Federal Circuit has just gone where no other court has gone before. In a tour-de-force judicial opinion, the Court emphatically held that a small sliver of the Lanham Act—the “disparaging...more

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