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Lanham Act

This category contains 3 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

WHY ARE THE SAN DIEGO CHARGERS TAKING PRE-EMPTIVE ACTION TO PROTECT THEIR RIGHTS IN FUTURE TRADEMARKS?

The football world is abuzz with the possible relocation of the San Diego Chargers to Los Angeles. How will Chargers protect trademarks they will need if they move? Answer: file intent to use application with the USPTO. Continue reading