Trademarks

Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?

Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.

The decision in Romag Fasteners v. Fossil will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute

In the U.S. Supreme Court's ruling in Iancu v. Brunetti, Justice Sonia Sotomayor's dissent cautioned that the decision is likely to pave a path to a "coming rush to register [vulgar, profane, or obscene] trademarks." The reasoning stems from the court's majority finding that a portion of 15 U.S.C. §1052 — which had previously prohibited the registering of "immoral" or "scandalous" trademarks — is unconstitutional. Practically speaking, however, this "coming rush" will likely not be the case, even via the entertainment industry.

Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."

Iancu v. Brunetti 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.

Rick Ross Defeats Trademark Suit over Mastermind Album
TV Host's Course of Conduct During Life Bars Estate From Getting His IP and Publicity Rights

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.