Trademarks

Registering and protecting product designs is challenging. Preliminarily, trade dress cannot be registered or protected as a trademark if it is functional — if it is “essential to the use or purpose of the article or it affects the cost or quality of the article.”

In Matal v. Tam, the trademark case involving the name of the Asian-American rock band The Slants, the SCOTUS held that the portion of §2(a) of the Lanham Act, 15 U.S.C. §1052(a), that prohibits the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.

In Matal v. Tam, the SCOTUS held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), prohibiting the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.

The Third Circuit has adopted McCarthy's "ownership" test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties.

Consumers' Digital Music Price-Fixing Suit Ruled No "Class" Act
Marshall Tucker Band's Former Manager Loses Bid for Attorney Fees After Prevailing in Trademark Action Brought Against It By the Band

'Disparaging' Trademarks Decision
High Court Declines Takedown Notice/Fair Use Case

Mash-Up of Dr. Seuss/Star Trek Components Is a Fair Use

Consumers might use "Google" as a verb, but that doesn't mean Google's trademark for its search engine is generic.