News & Analysis as of

United States Patent and Trademark Office › Scandalous/Immoral Marks › Trademark Trial and Appeal Board

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Bradley Arant Boult Cummings LLP

Earmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTAB

Bradley Arant Boult Cummings LLP on

The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain...more

Pillsbury - Internet & Social Media Law Blog

Supreme Court Weighs Whether Refusing to Register TRUMP TOO SMALL Trademark Violates First Amendment

Pillsbury - Internet & Social Media Law Blog on

On November 1, 2023, the U.S. Supreme Court engaged in a thought-provoking deliberation concerning the intersection of the First Amendment to the U.S. Constitution and U.S. trademark law, Vidal v. Elster, Supr. Ct. Case No....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

Kilpatrick

5 Key Takeaways - Annual Review of Key Trademark & Unfair Competition Opinions

Kilpatrick on

Kilpatrick Townsend partner Ted Davis recently presented his “Annual Review of Key Trademark & Unfair Competition Opinions” at the firm’s 2019 Advanced Trademark Law Seminar in San Francisco. Key takeaways from the...more

ArentFox Schiff

Supreme Court Rules Ban on ‘Immoral or Scandalous’ Trademarks Unconstitutional

ArentFox Schiff on

On Monday, the Supreme Court held that the ban on “immoral or scandalous” trademarks was unconstitutional under the First Amendment. The Court found that, as with the recently struck down ban on “disparaging” marks, the ban...more

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

MarkIt to Market - February 2019: Trademark Practice Update: Outrageous! Disgraceful! Appalling!...or is it? SCOTUS to Decide the...

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

U.S. trademark attorneys received a New Year’s surprise last month when the Supreme Court of the United States agreed to hear Iancu v. Brunetti, the case that should determine the availability of federal trademark...more

Bracewell LLP

Scandalous and Immoral Trademarks Awarded First Amendment Protection

Bracewell LLP on

On December 15, the Federal Circuit held that the prohibition on the registration of scandalous and immoral trademarks is unconstitutional because it violates the First Amendment. In re Brunetti, No. 2015-1109, 2017 WL...more

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