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Case

In re Tam

27 published works

  1. Pay or Play

    Lanham Act’s Prohibition of Immoral and Scandalous Marks is Officially “FUCT”

    By Fox Rothschild LLP

    [caption id="attachment_1278" align="alignleft" width="300"] Image from 123RF Limited[/caption] The U.S. Supreme Court this week officially pulled the plug on the Lanham Act’s prohibition on the registration of trademarks that comprise…

  2. Marks, Works, and Secrets

    Tam Extended: Prohibition of “Immoral and Scandalous” Trademarks Unconstitutional

    By Ira S. Sacks, Rachel B. Rudensky

    The Court of Appeals for the Federal Circuit recently extended First Amendment protections for trademark applications in In re Brunetti, No. 15-1109 (Fed. Cir. December 15, 2017), ruling that Section…

  3. Law Trends

    Portland Band The Slants Singing a Happy Tune After the Supreme Court Unanimously Holds That the Disparagement Clause Violates the First Amendment

    By Iván Resendiz Gutierrez

    Background Yesterday, six months after hearing oral argument (and nearly six years after Simon Tam filed his trademark application for "THE SLANTS"), the U.S. Supreme Court unanimously affirmed the U.S.…

  4. DuetsBlog

    The Supreme Court Tackles Disparaging Trademarks

    By Tiffany Blofield

    From my title, you may think I am referring to the battle over the REDSKINS trademark.  However, the In re Tam case beat the REDSKINS team to the high court. …

  5. Law Trends

    The Supreme Court Hears Oral Argument in Portland Band The Slants’ Trademark Case

    By Iván Resendiz Gutierrez

    On Wednesday, January 18, 2017, the U.S. Supreme Court heard oral argument in Lee v. Tam, a case reviewing the U.S. Court of Appeals for the Federal Circuit's en banc…

  6. The Trademark Blog

    Transcript of Oral Argument in In Re Tam

    By Marty Schwimmer

    [embeddoc url="https://martinschwimmer.lexblogplatformfour.com/wp-content/uploads/sites/833/2017/01/In-re-Tam-oral-argument-transcript-1.pdf"]

  7. Marks, Works, and Secrets

    Supreme Court Grants Cert. in USPTO Appeal of Slants Decision: Whether The Ban On Offensive Trademarks Violates The First Amendment

    By Ira S. Sacks, Rachel B. Rudensky

    The Supreme Court granted the United States Patent and Trademark Office’s petition for certiorari in In re Tam, 117 USPQ2d 1101 (Fed. Cir. 2016), discussed here and here. In that…

  8. Media Law Prof Blog

    Grynberg on A Trademark Defense of the Disparagement Bar

    By Media Law Prof Blog

    Michael Grynberg, DePaul University College of Law, has published A Trademark Defense of the Disparagement Bar. Here is the abstract.The Lanham Act proscribes the registration of trademarks that consist of…

  9. DuetsBlog

    2(c) or Not to See Political TM Speech?

    By Steve Baird®

    That is the question, at least for the day. It's also a question we hope the U.S. Supreme Court will address. In particular, does a careful focus on the USPTO's…

  10. Media Law Prof Blog

    Ghosh @ShubhaGhosh On In re Tam, the First Amendment and Trademark Law

    By Media Law Prof Blog

    Shubha Ghosh, Syracuse University College of Law, has published Fuck the Draft ®: Notes on the First Amendment and Trademark Law. Here is the abstract.This draft presents an analytical critique…