Monthly Archives: January 2018

Not So Shockingly, Trademark Immoral and Scandalous Clause Struck Down

The court in a recent case, In Re: Erik Brunetti, put another nail in the coffin of the Lanham Act's Section 2(a), finding that the "immoral" and "scandalous" clause of the statute is unconstitutional under the First Amendment. Earlier this year in another case interpreting a clause in the same statute, the Supreme Court in Matal v. Tam affirmed…
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Recent Cease & Desist Letters Not Tone-Deaf Like Many Predecessors

As far as cease and desist letters go, I religiously counsel my clients, whether they are looking to enforce their rights, or defend against another party's assertions, that the name of the game is TONE, TONE, TONE. Get the tone wrong, like in this typical, classic "shock and awe" letter, and you might find your…
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