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Sixth Circuit rules knurling pattern on rifle scopes could be nonfunctional trade dress
  • K&L Gates
  • USA
  • January 17 2018

The Sixth Circuit Court of Appeals recently held that a reasonable jury could find a design pattern on rifle scopes is “nonfunctional” and thus

Federal Circuit Finds Lanham Act Clause Banning Immoral and Scandalous Trademarks Unconstitutional
  • Baker & Hostetler LLP
  • USA
  • January 9 2018

On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. 1052(a) (“Section

First Amendment 2 - Lanham Act 0: Federal Circuit Holds Lanham Act Prohibition on Immoral and Scandalous Marks Is Unconstitutional Restriction on Free Speech
  • Fish & Richardson PC
  • USA
  • January 8 2018

In the wake of the In re Tam decision by the U.S. Supreme Court, on December 15, 2017, the Federal Circuit held that the Lanham Act Section 2(a

Trademark Law Update: Federal Circuit Strikes Down Lanham Act’s Ban on
  • K&L Gates
  • USA
  • January 8 2018

In June 2017, the U.S. Supreme Court in Matal v. Tam struck down as unconstitutional a provision of section 2(a) of the Lanham Act, which had

The protection of architectural design of buildings - a growing trend
  • Krishna & Saurastri Associates LLP
  • USA, European Union, India
  • January 6 2018

"Architectural design" is the art and science of designing buildings and various other non-building structures. It involves a great deal of skill and

Empire Strikes Back: First Amendment Protects TV Series Title
  • McDermott Will & Emery
  • USA
  • December 29 2017

Addressing the issue of trademark infringement specific to the title of an expressive work, the US Court of Appeals for the Ninth Circuit affirmed

Tam Extended: Prohibition of “Immoral and Scandalous” Trademarks Unconstitutional
  • Akerman LLP
  • USA
  • December 27 2017

The Court of Appeals for the Federal Circuit recently extended First Amendment protections for trademark applications in In re Brunetti, No. 15-1109

FUCT: Federal Circuit Rules Ban on Immoral and Scandalous Trademarks As Unconstitutional
  • Arent Fox LLP
  • USA
  • December 22 2017

The US Court of Appeals for the Federal Circuit has ruled that the Lanham Act’s statutory ban on “immoral or scandalous” trademarks violates the First

How Scandalous! Federal Circuit Holds Vulgar Trademarks Are Registrable
  • Jones Day
  • USA
  • December 21 2017

Trademarks will no longer be refused registration on the basis that they constitute immoral or scandalous matter. On December 15, 2017, the U.S

Litigation procedures and strategies: United States
  • Seed Intellectual Property Law Group LLP
  • USA
  • December 21 2017

The primary statutory framework for enforcing trademarks is set forth in federal law - namely, the Trademark Act 1946 ('the Lanham Act'), codified