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Supreme Court of the United States › Trademark Registration › Trademark Application

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Haug Partners LLP

Federal Circuit upholds USPTO Refusal of Application for Registration for the Mark “VETEMENTS” Under the Foreign Equivalents...

Haug Partners LLP on

In a precedential decision, the Federal Circuit upheld the United States Patent and Trademark Office (“USPTO”) and Trademark Trial and Appeal Board’s (“Board”) refusal of the mark “VETEMENTS” under the foreign equivalents...more

Erise IP

What’s Trending in Trademarks: January 2025

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: USPTO...more

Bradley Arant Boult Cummings LLP

Trademarking History: Justices Uphold Names Clause, Clash Over Reasoning

Bradley Arant Boult Cummings LLP on

On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the Court unanimously upheld the Patent and...more

McDermott Will & Schulte

Supreme Court Upholds Constitutionality of Lanham Act’s Names Clause

McDermott Will & Schulte on

In Vidal v. Elster, a unanimous Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s decision, holding that the Lanham Act’s names clause does not violate the First Amendment or...more

Genova Burns LLC

Unanimous But Fractured: Supreme Court Upholds Rejection of “Trump Too Small” Trademark, With Little Guidance for the Future

Genova Burns LLC on

Last week, the U.S. Supreme Court decided in Vidal v. Ester, 602 U.S. ___ (2024) that the federal prohibition on registering trademarks that identify a living individual without their consent does not violate the First...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

SCOTUS Rules on "Trump Too Small"—Third Recent Ruling on First Amendment Implications for Lanham Act 

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The June 13, 2024, U.S. Supreme Court decision in Vidal v. Elster made waves in the trademark community. All of the Court’s decisions are significant, and this matter was of particular interest because the decision marked the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

Woods Rogers

Importance of Jack Daniel’s When Picking a Trademark

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Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill. In 2007, Louis Vuitton sought to...more

Seyfarth Shaw LLP

SCOTUS To Examine Whether First Amendment “Trumps” Lanham Act

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The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment....more

Ward and Smith, P.A.

Trademark Infringement is No Joke!: Jack Daniel’s Properties, Inc. v. VIP Products LLC

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Today the U.S. Supreme Court ruled in favor of Jack Daniel's in a dispute over a humorous squeaky dog toy called "Bad Spaniels."  The Court remanded the case to the Ninth Circuit to reconsider the trademark infringement...more

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

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Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

Morrison & Foerster LLP

Landmark Trademark Protection Case Before Supreme Court

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United States trademark law makes a strong distinction between “descriptive” and “generic” terms. The former are potentially accorded substantial benefits, while the latter can never be entitled to protection and are not...more

Cooley LLP

Alert: Supreme Court to Hear Dot-Com Trademark Issue

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On November 8, 2019, the United States Supreme Court agreed to take up a case that could potentially have a significant impact on domain name owners and those who have invested in promoting their dot-com brand. Can combining...more

Foster Garvey PC

The Washington Redskins Win Their Trademark Battle in Overtime

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Simon Tam of the Asian rock band, The Slants, probably was not envisioning an 8-year-long legal battle when he chose the group’s name. Slant is known as a racial slur for Asians. Tam hoped to strip the term of its derogatory...more

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