IP & Technology Law Trends
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We Built This City on...False Advertising?
Fifty years ago, it was the “Summer of Love” in San Francisco, with Jefferson Airplane’s 1967 album “Surrealistic Pillow” providing the soundtrack. My how times have changed!
Earlier this week, the United States District Court for the Northern Distri...
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USPTO Switches Gears on Registration of Disparaging Marks, but Not on Scandalous Marks
On June 26, 2017, a week after the U.S. Supreme Court unanimously held that the "disparagement clause" in Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), violates the Free Speech Clause of the First Amendment in Matal v. Tam, the U.S. Patent and...
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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. Court of Appeals for the Federal Circuit's en b...
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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 decision in In re Tam holding that the disparagement provision in Section 2(a) of t...
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TTAB Continues to Trim Cannabis-Related Marks
Continuing the precedent established last month by In Re JJ206, LLC dba JuJu Joints, the TTAB recently released its decision in In re Ultra Trimmer, LLC, which affirms the PTO’s increased vigilance of cannabis-related trade and service marks. He...
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Christian Faith Fellowship Church is Going 12 Rounds with adidas AG in David-versus-Goliath Trademark Battle
Last week, Christian Faith Fellowship Church prevailed at the U.S. Court of Appeals for the Federal Circuit on its appeal of a final judgment of the Trademark Trial and Appeal Board (TTAB) that, in response to a petition filed by adidas AG (Adidas),...
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