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Tag Archives: Tam

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part III

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, First Amendment, Marketing, Trademarks, TTAB, USPTO

Of course, loyal readers have been eagerly awaiting Part III of the series (see Part I and Part II) focusing on Tam’s intersection of federal trademark registration and the First Amendment. In terms of the certain and practical implications flowing from the decision, it opens the door to a host of new trademark applications containing religious and… Continue Reading

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part II

Posted in Articles, Copyrights, Dilution, Famous Marks, First Amendment, Trademarks, USPTO

As the drum roll proceeds to the upcoming Midwest IP Institute in Minneapolis and sharing the podium with Joel MacMull of the Archer firm (and Simon Tam fame) on Thursday September 28, in a few days, I’ll be making a stop south of the border, at the University of Iowa College of Law, where it… Continue Reading

3:16 as a Trademark?

Posted in Articles, Branding, Fashion, First Amendment, Marketing, Mixed Bag of Nuts, Television, Trademarks, Truncation

Over the weekend, IPBiz reported that WWE (World Wrestling Entertainment) has filed an application to register 3:16 as a trademark for clothing items. A Google search confirms that 3:16 has religious significance as it is a common truncation that signifies one of the most widely quoted verses from the Bible, namely, John 3:16. Despite other… Continue Reading

The Dilution Delusion?

Posted in Dilution

-Wes Anderson, Attorney I hesitate to add to the fallout from Matal v. Tam, the Supreme Court’s decision last week invalidating the disparagement clause of Section 2(a) of the Trademark Act. That said, here I go. Many trademark practitioners, separate and apart from their reaction to the decision itself, now ask “where do we go from… Continue Reading

THE SLANTS Decision Affects More than a 2(a) and an (R)

Posted in First Amendment

In Monday’s decision in the newly minted Matal v. Tam case, the Supreme Court affirmed the Federal Circuit decision that the Trademark Office’s refusal to register THE SLANTS mark on disparagement grounds was unconstitutional.  Many were not surprised by this decision, foreshadowed in part by the transcript of the January oral argument where the justices… Continue Reading

Congratulations to Howard University’s 2017 McGee National Civil Rights Moot Court Team

Posted in Articles, Branding, First Amendment, Law Suits, Marketing, Trademarks, TTAB, USPTO

It’s not every year that participants in the William E. McGee National Civil Rights Moot Court Competition need to understand the various nuances of federal trademark law. Yet, with the Lee v. Tam case pending before the U.S. Supreme Court, and Section 2(a) of the Lanham Act hanging in the balance, this was such a… Continue Reading

McCarthy Institute Trademark Seminar 2017

Posted in Advertising, Articles, Branding, Copyrights, Dilution, Famous Marks, First Amendment, Marketing, Trademarks, TTAB, USPTO

One of the current challenges in trademark law addressed in Seattle last week at the Amazon Corporate Conference Center, host of the 2017 McCarthy Institute and Microsoft Corporation Symposium, is an issue we have discussed quite a bit here, namely Trademark Disparagement and the First Amendment. The panel to discuss this weighty topic included the… Continue Reading

No Budding in Line Washington Redskins

Posted in Branding, Famous Marks, Marketing, Mixed Bag of Nuts, Trademarks

In a case with special significance to our DuetsBlog crew (our founder Steve Baird started the fight to cancel the THE REDSKINS trademark registrations in 1992 – see more about the Harjo case here) and significant to trademark practitioners and owners alike, the federal government is asking the United States Supreme Court to deny the… Continue Reading