Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Among the most treasured and jealously guarded freedoms in the United States is freedom of speech. In the course of protecting that freedom, U.S. courts have found themselves permitting almost all manner of speech, even that which is arguably offensive or deplorable. Recently, the U.S. Supreme Court has given ever greater deference to individuals' and groups' rights to express themselves. Whether permitting protests at soldiers' funerals (see, Snyder v. Phelps, 562 U.S. 443 (2011)), or depictions of animal cruelty (see, U.S. v. Stevens, 559 U.S. 460 (2010)), the Court has of late consistently erred on the side of protecting speech.
Notwithstanding this over-arching commitment to an expansive freedom of speech, until quite recently there was still at least one area of federal law governed by notions of decency and an aversion to offensiveness: trademark law. According to 15 U.S.C. '1052(a), the United States Patent and Trademark Office (USPTO) will not register a mark that “[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage ' persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute ' .” Under this provision, many marks have been refused registration because of their offensive, scandalous, or disparaging nature. See, e.g., In re Geller, 751 F.3d 1355 (Fed. Cir. 2014) (“STOP THE ISLAMISATION OF AMERICA”); In re Lebanese Arak Corp., 94 U.S.P.Q.2d 1215 (T.T.A.B. 2010) (“MORMON WHISKEY”); In re Heeb Media, LLC, 89 U.S.P.Q.2d 1071 (T.T.A.B. 2008) (“ABORT THE REPUBLICANS”). Perhaps the most widely-discussed cancellation of a registration on the ground that the mark is immoral or scandalous is that involving the WASHINGTON REDSKINS team name. In Pro-Football, Inc. v. Blackhorse, 62 F.Supp.3d 498 (2014), No. 1-14-CV-01043-GBL, 2015 WL 4096277 (E.D. Va. July 8, 2015), the district court held that REDSKINS may disparage Native Americans, and for that reason, the Washington Redskins football team was not entitled to a federal registration for its various “REDSKINS” marks. This matter is currently on appeal to the Fourth Circuit.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.