Statute
Lanham Act
1,169 published works
All About Advertising Law
Medical Marijuana and Dewberry: The Supreme Court Tackles RICO and Lanham Act Claims
By Leonard L. Gordon, Liz Clark Rinehart, Kyle Keraga
It's October and, in addition to playoff baseball, that means the Supreme Court is back in session. The Court has chosen to hear arguments in two cases with significant ramifications…
The Brand Protection Blog
10th Circuit Moves Forward with Supreme Court Directive: Domestic Anchor Required for Lanham Act Application
** Drew Engel, a Summer Associate in NRF's Minneapolis office, assisted with this article. Drew is supervised by attorneys who are licensed in the state of Texas.** The Tenth Circuit’s…
Franchise Law Update
U.S. Supreme Court to Decide Disgorgement Damages Issue in Trademark Dispute
Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”)…
Global Dispute Resolution Insights
U.S. Supreme Court to Decide Damages Issue in Trademark Dispute Involving Construction Engineering Firm
By Sarah B. Biser, Craig R. Tractenberg
Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”)…
The Brand Protection Blog
Supreme Court Rules Section 2(c) of Lanham Act Constitutional and TRUMP TOO SMALL Not Registrable
** Logan Woodward, a Summer Associate in NRF's Minneapolis Office, assisted with this article. Logan is supervised by attorneys who are licensed in the State of Texas. ** In June…
Last Month at the Supreme Court
Supreme Court Decision Alerts: Key Rulings and Practical Takeaways From the Court's Mid-June Decisions
By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, A. Joseph Duffy IV, Dykema
Last week, the Supreme Court continued to issue significant rulings. These include unanimously holding that abortion medication objectors lack standing to challenge FDA decisions related to the use of the…
Last Month at the Supreme Court
Decision Alert: Supreme Court Unanimously Upholds Patent and Trademark Office’s Refusal to Register “TRUMP TOO SMALL” Trademark
By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, A. Joseph Duffy IV, Dykema
On June 13, 2024, in Vidal v. Elster, the Supreme Court unanimously held that the Lanham Act’s restriction of trademarks based on a living person’s name does not violate the…
IP IQ
Trademarking History: Justices Uphold Names Clause, Clash Over Reasoning
By Danner Kline
On June 13, 2024, the Supreme Court handed down its decision in Vidal v. Elster, a case that pitted trademark law against the First Amendment’s free speech protections. While the…
Cleary IP and Technology Insights
The Supreme Court Upholds Refusal to Register “Trump Too Small” Trademark
By Angela Dunning, David Herrington, Arminda Bepko, Nathaniel (Nate) Reynolds
Last week, in Vidal v. Elster, the Supreme Court upheld the Lanham Act’s prohibition against registering a trademark that includes a living person’s name without their consent.[1] This case is…
Incontestable Blog
SCOTUS: Trademark Content Restrictions Are Not Getting Smaller as Supreme Court Holds TRUMP TOO SMALL Cannot Be Registered
By Publisher
The Supreme Court has recently made significant efforts to clarify how the Lanham Act and the First Amendment interact in the context of trademark law. For example, in 2017, the…