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On May 20, 2019 the U.S. Supreme Court issued its long-awaited decision in Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.
By Peter Kidd
Iancu v. Brunetti
The Supreme Court held the bar against registration of immoral or scandalous marks “collided” with well-established free speech doctrine, namely, that laws disadvantaging speech based on the views expressed thereby violate the First Amendment.
By Dorothy Leray and Jeff Ginsberg
Federal Circuit Affirms PTAB Decision Finding Lack of Written Description for Methods of Detection
Federal Circuit Dismisses Appeal of IPR Decision for Lack of Standing
By Karen Hoffman Lent and Kenneth Schwartz
The DOJ’s intervention, and the judge’s ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
By Nicole D. Galli
In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.