The U.S. Patent and Trademark Office has suspended a trademark application with a racially offensive word pending the Supreme Court weighing in on the issue.
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Archives: First Amendment Law
Big First Amendment Trademark News: The Slants Win on Appeal
December 22, 2015
A very important first amendment trademark ruling came down today in the Court of Appeals for the Federal Circuit (which is a U.S. Federal court) involving the restriction on immoral, scandalous, and disparaging trademarks. Here are two previous blog posts where I discussed the “immoral, scandalous, and disparaging” issue: in 2012 and 2014. The Slants Case Let’s start where today’s court opinion begins: “Section 2(a) of the Lanham Act bars the Patent and Trademark Office (“PTO”) from registering scandalous, immoral, or disparaging marks.” The Lanham Act is the federal law that governs trademarks. You can read the whole court opinion…
Big Changes in Online Copyright Law
September 15, 2015
Thanks to a recent court decision, we’re looking at some big changes in online copyright law. A 9th Circuit Court of Appeals panel ruled that you need to consider fair use before sending a DMCA copyright takedown notice. What does this mean for copyright holders and users of online media?
Parody Trademark Battle: Yankees v. Steroids
July 14, 2015
Today’s question is fairly straightforward: can you register a parody trademark? If your logo or word mark is explicitly making fun of another party’s registered trademark, will the United States Patent and Trademark Office allow yours to be registered? A recent case involving the New York Yankees answered this question.
