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Trademark Trial and Appeal Board Constitutional Challenges Trademark Litigation

Knobbe Martens

3-2-1 Blast Off: US Space Force Trademark Dispute Aims for the Supreme Court

Knobbe Martens on

The trademark attorney Thomas D. Foster has found himself in ongoing legal star wars to register US SPACE FORCE as his personal trademark covering coins, jewelry, watches, license plate holders, toys, and other everyday...more

McDermott Will & Schulte

Supreme Court Upholds Constitutionality of Lanham Act’s Names Clause

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

Troutman Pepper Locke

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

Troutman Pepper Locke on

In a landmark decision written by Justice Clarence Thomas, the Supreme Court has unanimously upheld the constitutionality of the Lanham Act’s provision that prohibits the registration of trademarks consisting of, or...more

Dorsey & Whitney LLP

Supreme Court Will Review TRUMP TOO SMALL Trademark Registration Dispute

Dorsey & Whitney LLP on

The Supreme Court granted certiorari and will review the Federal Circuit’s opinion that Section 2(c) of the Lanham Act is unconstitutional as applied to a trademark for the term TRUMP TOO SMALL. The TRUMP TOO SMALL trademark...more

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

MarkIt to Market® - February 2023

Thank you for reading the February 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Section 2(c) of the Lanham Act in relation to the Supreme Court's pending review of the TRUMP TOO SMALL...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

McDermott Will & Schulte

“TRUMP TOO SMALL” Trademark Decision Leaves Big Questions

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

Ladas & Parry LLP

Refusal To Register Scandalous And Immoral Trademarks Ruled As Unconsitutional By Federal Circuit

Ladas & Parry LLP on

Following the Supreme Court’s ruling in In re Tam that a refusal to register disparaging trademarks is an unconstitutional violation of freedom of speech reported on June 19, 2017, the Court of Appeals for the Federal Circuit...more

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