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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.
Let’s face it. The Lanham Act’s prohibition against registration of “immoral … or scandalous marks” has had little impact on most trademark practitioners — except those lucky enough to have edgy clients or unlucky enough to have depraved ones. Scandals in the trademark world are simply hard to come by.
By Stacey C. Kalamaras
This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.
By Nicole D. Galli
Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.
By Aaron Davidson
A look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.
By Howard Shire and Christine Weller
Penn State Files Trademark Lawsuit against Sports Beer Brewing Company
Can OSU Trademark the Word “The”?