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Many U.S. trademark attorneys were surprised in early January when the Supreme Court of the United States agreed to hear Iancu v. Brunetti. This case should determine the availability of federal trademark registration for “immoral” and “scandalous” marks – in this case, the acronym “FUCT” for a clothing line. Brunetti is the second case before the Court in three years to consider the constitutionality of the federal ban on registering certain categories of trademarks under Section 1052(a) of the Lanham Act.
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What’s in a Name? Booking.com and Consumer Perception Evidence
By David H. Bernstein and Jared I. Kagan
In the first case in U.S. Supreme Court history argued by telephone, the Court ruled 8-1 in favor of Booking.com, holding that it could register as a trademark its eponymous domain name BOOKING.COM.
States Win Some and Lose Some on Copyright Front at Supreme Court This Term
By Jason Bloom
The Supreme Court decided two copyright cases this term, both involving states. This article discusses the cases and their likely impact on copyright law going forward.
Weighing the Benefits: How Much Weight Will Your Survey Have in Court?
By Rene Befurt, Marie Warchol and Anthony Nasr
As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey’s results are dependable and useful.
By Howard Shire and Shaleen Patel
Federal Circuit: Faulty Claim Construction Does Not End Patentability Determination
Federal Circuit: Notice to Market Bio Product Not Negated By New Applications
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