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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 Alan L. Friel
Part Two of a Two-Part Article
By Scott Graham
The U.S. Supreme Court has jumped into a titanic copyright battle between Oracle Corp. and Google LLC with both barrels. The court’s involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.
By Phillip Bantz
Some of China’s largest companies have banded together with major brands in the United States and elsewhere to neutralize “patent trolls,” an indication that the country’s firms are becoming increasingly concerned about patent infringement litigation.
By Anthony H. Cataldo
U.S. Supreme Court to Hear Booking.com Trademark Case