Tag Archives: Lanham Act

In a recent landmark ruling, the Federal Circuit, sitting en banc, held that Section 2(a) of the Lanham Act’s ban on “disparaging” marks violates the First Amendment.[1]  Section 2(a) provides that no trademark shall be refused registration “unless it consists … Continue reading

Posted in Intellectual Property, Trademark & Trade Dress | Tagged , , , , , | Comments Off on Freedom of Speech Protects “Disparaging” Marks, Federal Circuit Holds

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain provisions of the Lanham Act. As we previously … Continue reading

Posted in Intellectual Property, Trademark & Trade Dress, TTAB | Tagged , , , , , , , , , , , , , , , , , , , , , , | Comments Off on For the Redskins, NFL Playoff Season Means. . . Constitutionality Questions?

We have previously addressed the Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 12-1184, Slip Op. at 7 (2014), which relaxed the standard for awarding attorney’s fees under Section 285 of the Patent Act (“§285”) … Continue reading

Posted in Intellectual Property, Patent Litigation, Trade Secret & Unfair Competition, Trademark & Trade Dress | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Low Octane Levels? Octane Fitness’ Impact in the Trademark and Trade Secret Realms

One of the several claims available to plaintiffs under the Lanham Act is a claim for “false advertising.” Section 1125(a)(1)(B) of the Lanham Act states that: (1) Any person who, on or in connection with any goods or services, or … Continue reading

Posted in Intellectual Property | Tagged , , | Comments Off on U.S. Supreme Court Expands Scope of Potential Plaintiffs in Lanham Act False Advertising Claims – No Longer Limited to Actual Competitors