Tag

Court Decisions

Supreme Court’s Latest Decision Will Change the Registration Game for Trademarks

As a result, there will be an increase in the number of trademarks that can be registered. In order to under this decision, I must talk about something called the spectrum of distinctiveness.
Read More

Supreme Court – You Can Now Trademark Immoral and Scandalous Words and Trademark Licensees Keep Rights in Licensor Bankruptcy

This year, the Supreme Court dropped two decisions that have drastically changed the way trademark law has been practiced for decades.
Read More

Supreme Court – Successful Copyright Registration Needed Before Commencement of Copyright Infringement Lawsuit

So, what are the consequences of this decision? First, one major effect is that claimants in lawsuits in which a copyright registration has not been granted have voluntary dismissed their lawsuits. For example, most plaintiffs involved in the Fortnite emote lawsuits dropped their cases for this reason.
Read More

Federal Circuit’s Recent Decision Will Permit the Trademark Registration of Swear Words

The United States Court of Appeals for the Federal Circuit passed down the decision in In Re: Erik Brunetti, one that will permit the trademark registration of swear words. In order to understand this decision and its consequences, here's a quick primer on trademark law.
Read More

Supreme Court’s Recent Decision Will Permit the Registration of Offensive Trademarks (Including Racial Slurs)

Terms, no matter how offensive, will be able to be registered. Look at the NFL Washington Redskins. They were prevented from registering their mark because the term redskin disparages Native Americans. However, because of this decision, they will be able to do so.
Read More