Disparagement, First Amendment, Lanham Act, Trademark Infringement
To update my earlier blog [Blog] concerning whether Section 2 (a) of the Lanham Act, 1946, which restricts federal registration of trademarks found to be scandalous or disparaging, will withstand challenges to its constitutionality, the Redskins...
Disparagement, First Amendment, Lanham Act, Trademarks
Section 2 (a) of the Lanham Act, 1946, 15 U.S.C. Sec. 2 (a), which restricts the registration of trademarks found by the USPTO to be scandalous or disparaging, was determined to be unconstitutional on the basis of the First Amendment by the Court of Appeals for...
First Amendment, Right of Publicity, Trademarks
One good method for a trade association, charitable organization or for-profit entity to expand its mission while simultaneously generating additional revenues is to establish a certification program. The entity wishing to set up a certification program (the...
First Amendment, Right of Publicity
If you are in the business of communicating ideas which, needless to say, you hope are of general interest to the public, you could find yourself on the wrong end of a lawsuit. This is because in the course of “doing your job” you also may be stepping on the...
