Lanham Act, Trademarks, USPTO
The Federal Circuit in Versatop Support Systems v. Georgia Expo (2018), examined another aspect of the “proof of use in commerce” requirement in federal trademark law under the Lanham Act. Unlike the conclusion it reached in the Simy Corp case that I...
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...
Lanham Act, Service Marks, Trademarks
The football world is abuzz with the possible relocation of the San Diego Chargers to Los Angeles. Background for Team Move. While the outcome of where the Chargers end up is of short term interest, the more interesting question business owners should ask...