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Supreme Court to Consider If Lanham Act's Name Trademark Prohibition Violates First Amendment
The Lanham Act provides legal protections to trademark holders and, since 1946, it has prohibited the registration of any trademark containing the name, portrait or signature of a living person, except with their written consent.
The U.S. Supreme Court will consider whether this prohibition presents a conflict with the Free Speech Clause of the First Amendment. In particular, the court is positioned, in granting certiorari in Vidal v. Elster (Dkt. No. 22-704), to determine whether this provision of the Lanham Act violates the First Amendment by barring registration of a trademark that contains criticism of a government official or public figure.
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Bankruptcy Sales: Finding a Diamond In the Rough
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.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
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?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.