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First Amendment Rights

This category contains 5 posts

REDSKINS EYES SUPREME COURT TO OVERTURN TRADEMARK DISPARAGEMENT RULING

To update my earlier blog [Blog] concerning whether Section 2 (a) of the Lanham Act, 1946, which restricts federal registration of trademarks  found to be scandalous or disparaging, will withstand challenges to its constitutionality, the Redskins football team has raised the ante by its unusual petition to the Supreme Court. In the petition, the Redskins suggests … Continue reading

DISPARAGEMENT ISSUE IS FRONT & CENTER FOR USPTO TRADEMARK REGISTRATIONS

Section 2 (a) of the Lanham Act, 1946, 15 U.S.C. Sec. 2 (a), which restricts the registration of trademarks found by the USPTO to be scandalous or disparaging, was determined to be unconstitutional on the basis of the First Amendment by  the Court of Appeals for the Federal Circuit in a case (In re Simon … Continue reading

CERTIFICATION MARKS USEFUL TO TRADE ASSOCIATIONS, CHARITIES AND FOR-PROFITS (Part 1)

Adoption of certification marks and certification programs can enhance the bottom-line for trade associations, charities and for-profit organizations. Continue reading

TRADEMARK RIGHTS GIVE WAY TO FREEDOM OF EXPRESSION

First Amendment rights can trump trademark rights when using likeness of famous person in an expressive work provided the inclusion is relevant to the work. Continue reading

Do Anti-SLAPP Laws Offer Any Useful Protection to Creators of IP Content?

Anti-SLAPP laws written to protect against “strategic litigtation against public participation” may also be of use to creators of intellectual property content which may hit a raw nerve of the famous and infamous. Continue reading