Case
In re Tam
27 published works
Pay or Play
Lanham Act’s Prohibition of Immoral and Scandalous Marks is Officially “FUCT”
[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…
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…
Law Trends
Portland Band The Slants Singing a Happy Tune After the Supreme Court Unanimously Holds That the Disparagement Clause Violates the First Amendment
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.…
DuetsBlog
The Supreme Court Tackles Disparaging Trademarks
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. …
Law Trends
The Supreme Court Hears Oral Argument in Portland Band The Slants’ Trademark Case
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…
The Trademark Blog
Transcript of Oral Argument in In Re Tam
[embeddoc url="https://martinschwimmer.lexblogplatformfour.com/wp-content/uploads/sites/833/2017/01/In-re-Tam-oral-argument-transcript-1.pdf"]
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…
Media Law Prof Blog
Grynberg on A Trademark Defense of the Disparagement Bar
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…
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…
Media Law Prof Blog
Ghosh @ShubhaGhosh On In re Tam, the First Amendment and Trademark Law
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…