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Features

Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks Image

Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks

Brian R. Michalek

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.

Features

Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee Image

Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee

Mark Page

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."

Features

Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment Image

Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment

Peter Kidd

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.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

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

Features

SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks Image

SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks

Dana Justus & Monica Riva Talley

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.

Features

An Overview of Recovering Trademark Infringement Damages Image

An Overview of Recovering Trademark Infringement Damages

Marcus Harris & Ryan Burandt

This article discusses recovering damages for trademark infringement and various strategies for establishing those damages.

Columns & Departments

IP News Image

IP News

Christine E. Weller

Converse v. ITC

Features

Litigation over 'Ultra Music' Licensing Raises International Trademark Issues Image

Litigation over 'Ultra Music' Licensing Raises International Trademark Issues

Zach Schlein

A Miami, FL, federal jury ruled in favor of a Croatia-based production company in their trademark dispute with a titan of concerts, Ultra Music Festival.

Features

How Entertainment and Media Brand Owners Can Prepare for Brexit Scenarios Image

How Entertainment and Media Brand Owners Can Prepare for Brexit Scenarios

William Stroever

Following the “Brexit” vote by the United Kingdom signaling its intent to leave the European Union, there was a rush of speculation and guesswork about how EU trademark and design rights would be treated. What progress has been made and what obstacles remain to a smooth transition?

Features

'Star Wars' Sabacc Game Lawsuit Is Resolved Image

'Star Wars' Sabacc Game Lawsuit Is Resolved

Ross Todd

Lucasfilm Ltd. won a dispute over the rights to the card game that plays a pivotal, if small, role in the greater Star Wars galaxy.

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