Statute
Lanham Act
1,169 published works
Gadgets, Gigabytes & Goodwill Blog
Lanham Act’s Personal Names Restriction Does Not Violate First Amendment
By Stephen Lott
As expected, based on the tenor of the Justices’ questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on…
The IP Edge
Supreme Court Snubs “Trump Too Small” Trademark Bid
On June 13, 2024, the Supreme Court decided that the Lanham Act’s names clause does not violate the First Amendment. In their decision, the Supreme Court declined to register the…
Cokato Copyright Attorney: The Law Blog of Thomas James
Can We Talk Here? – Trademark Speech Rights
By Thomas James
In recent years, the United States Supreme Court has been grappling with the thorny question of how the First Amendment applies to trademarks. In this blog post, attorney Thomas B.…
Cokato Copyright Attorney: The Law Blog of Thomas James
Can We Talk Here? – Trademark Law and Speech Rights
By Thomas James
In recent years, the United States Supreme Court has been grappling with the thorny question of how the First Amendment applies to trademarks. In this blog post, attorney Thomas B.…
Supreme Court Update
FDA v. Alliance for Hippocratic Medicine (No. 23-235), Starbucks Corp. v. McKinney (No. 23-367), Truck Insurance Exchange v. Kaiser Gypsum Co. (No. 22-1079), Coinbase, Inc. v. Suski (No. 23-3), Brown v. United States (No. 22-6389)
By Tadhg Dooley, David R. Roth
Yesterday, the Court announced three opinions, including one that’s already making headlines: In FDA v. Alliance for Hippocratic Medicine (No. 23-235), a unanimous Court held that a group of emergency-room…
Syed Law Blog
Supreme Court Holds No First Amendment Issue With Name Consent – Vidal v. Elster (2024)
By Ahadsyed
Today, the Supreme Court unanimously provided an opinion on a First Amendment and trademark matter finding that The Lanham Act’s “names clause” that “[c]onsists of or comprises a name .…
Above the Fold
Supreme Court Rejects TRUMP TOO SMALL Trademark
“TRUMP TOO SMALL” This is the trademark that Steve Elster has been trying to get registered for the past six years since filing his trademark application all the way back…
Gadgets, Gigabytes & Goodwill Blog
The Legal Dance Off Over the “MJ” Trademark
Before we start the show, the casts of characters may drive you Off the Wall, so here’s a little primer to help you: Triumph International, Inc. (“Triumph”) is a merchandise…
Franchise Feed
Finding a Balance Between Consistency and Innovations in Franchise Systems
By Carlie Smith
When a customer walks into a franchise location in Seattle, Washington, does the customer have the same experience as it would when it visits a location in Miami, Florida? What…
The Contingency
Commercial Roundup – May 1, 2024
Welcome to Commercial Roundup for May 1st--and happy May Day. Discrete features of boot design lacked distinctiveness necessary for trademark. 231150.P.pdf (uscourts.gov) Even a little harm from discriminatory change in…