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.
- August 01, 2017Theodore H. Davis Jr. and Samuel T. Kilb
Potential Ramifications of SEC Disgorgement Being a Penalty
Part One of a Two-Part Article
In reference to Kokesh, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
August 01, 2017Dixie L. Johnson and M. Alexander KochOnJune 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
August 01, 2017Janice G. InmanA look at a recent case in which the United States Supreme Court ruled to narrow the scope of criminal asset forfeiture.
August 01, 2017ljnstaffPatent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.
July 03, 2017Scott GrahamSupreme Court Turns Back Clock
Although TC Heartland v. Kraft Foods answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.
July 02, 2017Christopher Gaspar and Sean HybergSocial media gained a new level of First Amendment respect on June 19 as the U.S. Supreme Court struck down a North Carolina law that barred registered sex offenders from posting on social networking sites.
July 02, 2017Tony MauroIt is rare for a discovery sanction case to reach the nation's highest court. But on April 18, the U.S. Supreme Court issued its decision in Goodyear Tire & Rubber Co. v. Haeger, reversing a $2.7 million sanctions award that had been rendered by an Arizona district court and affirmed by a divided Ninth Circuit panel.
July 02, 2017Michael Hoenig'Disparaging' Trademarks Decision
High Court Declines Takedown Notice/Fair Use CaseJuly 02, 2017ljnstaff | Law Journal NewslettersThe Supreme Court's decision in Impression Products v. Lexmark is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.
July 01, 2017Robin L. McGrath







