Yesterday in Seattle — where nearly 11,000, sleepless, brand protection, trademark, and IP professionals from 150 countries have registered and converged for INTA’s 140th Annual Meeting — yours truly had the distinct pleasure of sharing some thoughts on the intersection between federal trademark registration and Free Speech. Here are some before, during and after
DYKES ON BIKES No Longer Idling After Matal v. Tam
— Jessica Gutierrez Alm, Attorney
Simon Tam wasn’t the only one barred by the Lanham Act from reclaiming a historically derogatory term.
Dykes on Bikes is a nonprofit lesbian motorcycle organization. According to their website, the group’s mission is to “support philanthropic endeavors in the lesbian, gay, bisexual, transgender, and women’s communities, and to reach
The Slants, The Redskins, and Free Speech for All Parties
— Jessica Gutierrez Alm, Attorney
This week’s Matal v. Tam (formerly Lee v. Tam) Supreme Court ruling serves as a reminder that free speech is a two-way street. It also suggests the value of a sympathetic litigant, at least in terms of public response.
Many rallied behind Simon Tam and his rock band, The Slants
On Flag Day, What Flag Can You Protect?
-Martha Engel, Attorney
Today is Flag Day, which commemorates the adoption of the Stars and Stripes as our national flag 240 years ago. Although maybe more obscure than Fourth of July or Memorial Day since it is not a federal holiday, this has always been one of my favorite American holidays. There’s just something
Congratulations to Howard University’s 2017 McGee National Civil Rights Moot Court Team
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
McCarthy Institute Trademark Seminar 2017
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
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. The case involving the REDSKINS mark is currently on hold until the United States Supreme Court decides the In re Tam case. These cases have
The USPTO Says “Yes” But the TTB Says “No” To LSD
-Martha Engel, Attorney
Government approval of commercial speech has been a hot topic of discussion by trademark nerds here and elsewhere in light of recent decisions regarding the Redskins and The Slants marks. As those decisions proceed up through the appeal channels to the Supreme Court, attention has been drawn to whether or not a
Will USPTO Director Michelle Lee’s Signature Adorn a SLANTS Certificate of Registration?
Let’s hope not, for a variety of reasons.
In other words, let’s hope the Supreme Court straightens out the unfortunate ruling last week that the federal government is powerless to deny requests to federally register marks on grounds that they consist of or comprise racial slurs or other matter that may disparage persons.
The CAFC
Did the Federal Circuit Just Save the Redskins’ trademark registrations?
Yesterday the Federal Circuit issued its decision in In re Tam, an appeal filed by a musician whose application to register the mark THE SLANTS had been refused registration on the ground that it was disparaging to Asian Americans. The Trademark Trial and Appeal Board (TTAB) relied on the same provision to cancel the