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Lanham Act › First Amendment › Corporate Counsel

Coblentz Patch Duffy & Bass

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

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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

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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

McDermott Will & Schulte

2023 IP Outlook: Trademark and Copyright Supreme Court Update

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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

McDermott Will & Schulte

“TRUMP TOO SMALL” Trademark Decision Leaves Big Questions

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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?

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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

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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?

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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

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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

Cooley LLP

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

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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

Dorsey & Whitney LLP

When Scientific Research Becomes False Advertising

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Positive results of scientific research on a company’s products can provide a tempting topic for advertising and promotion. If an article published in a well-established, peer-reviewed journal says that your company’s...more

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