Posner’s “judicial interpretive updating” and the disparagement clause
Thank God for small favors. Like being far away from the Seventh Circuit these days if you or your client want to rely on the... Read more
Tag: Section 2(a)
Best of 2012: Sing, sing, sing!
First published August 1, 2012. John Welch suggests the musical question, “How is Section 2(a) false association like 43(c) dilution protection?” Great question. In other... Read more
B&B Hardware: Beyond Nuts and Bolts
I’d promised I’d wait on this, but I couldn’t, and you’ll see why. Here’s my take on today’s Supreme Court decision in B&B Hardware v. Hargis... Read more
The Redskins appeal brief in Pro-Football v. Blackhorse
Originally posted 2015-10-31 20:54:47. Republished by Blog Post Promoter Read more
En Banc: Son of THE SLANTS Appeal Brief to the Federal Circuit
We’ve got your First Amendment right here: Props to my partner John Connell and associates Darth Newman and, of course, the redoubtable Joel MacMull — who... Read more
“Indian givers” (part 1)
For years I’ve been complaining that so much of the excitement in intellectual property law jurisprudence these days involves policy-making by judges and the PTO. How... Read more
THE SLANTS wins
If you haven’t heard, the Court of Appeals for the Federal Circuit has ruled and THE SLANTS trademark has won. Section 2(a) has been invalidated with... Read more
Burying 2(a) at the CIPLA
Matal v. Tam was highly influential in the subsequent Supreme Court case Iancu v. Brunetti, which also overturned the provisions of the Lanham Act prohibiting the registration of “immoral” and “scandalous” trademarks on the same grounds. Mr. Coleman will speak about both of these cases, including his experience in the Tam case, and provide his insights regarding the future of registration of these types of controversial trademarks with the USPTO. Read more
Après Tam, le déluge? Nah.
I was speaking to a thoughtful, insightful person last night who asked me, “What if Simon Tam wins in Lee v. Tam and Section 2(a)’s... Read more
The return of the scandalous mark denial?
Perhaps the “immoral and scandalous” rule is nothing to sniff at, after all. The Times asks: Will the COCAINE tradememark take a powder? I don’t... Read more
Slanted against him
Another not-safe-for-work story is out there about a trademark registration denied under Section 2(a) of the Lanham Act as “immoral or scandalous.” John Welch and Marc... Read more
A basket of Lee v. Tam briefs
I was going to do a post collecting all the briefs filed in the United States Supreme Court in Lee v. Tam (“THE SLANTS”), but... Read more
False connections under the Lanham Act
John Welch has posted a collection of “false connection” claims under Section 2(a) of the Lanham Act (15 U.S.C. 1052(a)). As it happens, a couple of... Read more
Posner’s “judicial interpretive updating” and the disparagement clause (Best of 2017)
Originally posted on April 16, 2017. Thank God for small favors. Like being far away from the Seventh Circuit these days if you or your... Read more