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A trademark case with colorful language: Amy Howe and Mark Walsh talk through Iancu v. Brunetti

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly reviews the latest SCOTUS news before providing deeper coverage with Mark Walsh of last week’s oral argument in Iancu v. Brunetti, a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. The post A trademark case with colorful language: Amy Howe and Mark Walsh talk through Iancu v. Brunetti appeared first on SCOTUSblog.
Tags: Featured, Law, Court, Howe, Mark Walsh, Brunetti, Amy Howe, Iancu, SCOTUStalk


Wednesday round-up

Two oral arguments are on the justices’ agenda this morning. First up is United States v. Davis, which asks whether the definition of “crime of violence” is unconstitutionally vague in the context of federal criminal prosecutions involving firearms. Leah Litman previewed the case for this blog. Isaac Syed has a preview at Cornell Law School’s Legal Information Institute. Today’s second argument is in McDonough v. Smith, in which the court will decide when the statute of limitations begins to run...
Tags: Supreme Court, Law, America, United States, Davis, Smith, Cornell, Economist, Round-up, Alison Frankel, McDonough, Steven Mazie, Brunetti, Bill Donahue, Iancu, Howard Wasserman


Tuesday round-up

The justices will hear oral argument this morning in two cases. The first is Parker Drilling Management Services. Ltd. v. Newton, in which they will consider whether California’s overtime and wage laws apply to drilling rigs on the Outer Continental Shelf. Andrew Siegel previewed the case for this blog. Lauren Devendorf and Tyler Schmitt have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in North Carolina Dept of Revenue v. Kimberley Rice Kaestn...
Tags: Supreme Court, Law, California, Washington Post, Court, Npr, Los Angeles Times, Cornell, Newton, Ucla, Round-up, Lyle Denniston, Robert Barnes, Howe, Jess Bravin, Nina Totenberg


Fooey on the Draft

Iancu v. Brunetti (Supreme Court 2019) [Oral Arg Transcript] In this case, the Federal Circuit held that the prohibition on registering “immoral” or “scandalous” marks is a facial violation of a registrant’s First Amendment free speech rights.  Here, Brunetti is seeking to register the mark “FUCT,” which the solicitor identified as a close homonym of “the paradigmatic word of profanity in our language.” Oral arguments were held on April 15 before the nine Supreme Court justices. In the case bef...
Tags: Supreme Court, Law, California, Uspto, Patent, Tam, Cohen, Coast Guard, Roberts, Ginsburg, Alito, PTO, Sotomayor, Breyer, Sommer, Kavanaugh


A “view” from the courtroom: Dangling past participles

The first case for argument today involves the highly provocative trademark, “FUCT,” for a line of “streetwear” founded by Erik Brunetti in California in 1990. Brunetti’s lawyer, John Sommer, promised in his merits brief that references to “vulgar terms” will be not be necessary during oral arguments, or if necessary, “the discussion will be purely clinical, such as when medical terms are discussed.” Erik Brunetti seated in courtroom for argument (Art Lien) At the end of the hour, he will ...
Tags: UK, Featured, Supreme Court, Law, Congress, California, Walmart, George Carlin, Quentin Tarantino, Donald Trump, Ruth Bader Ginsburg, Samuel L Jackson, Carlin, Jules, Tam, Stewart


Argument transcripts

The transcript of oral argument in Iancu v. Brunetti is available on the Supreme Court’s website; the transcript in Emulex Corp. v. Varjabedian is also available. The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Brunetti, Merits Cases, Iancu, Emulex Corp, Varjabedian


Monday round-up

This morning the Supreme Court will kick off its April session, the last of the term, with oral arguments in two cases. First up is Iancu v. Brunetti, in which the court will consider a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. Megan Carpenter previewed the case for this blog. Lauren Kloss and Nayanthika Ramakrishnan have a preview at Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explainer for the case. At Blo...
Tags: New York, Supreme Court, Law, Alabama, Bloomberg, Commerce, New York Times, Round-up, Howe, Adam Liptak, Jess Bravin, Richard Wolf, Greg Stohr, Department of Commerce, Brunetti, Amy Howe


This week at the court

The Supreme Court will release orders from the April 12 conference on Monday at 9:30 a.m.; John Elwood’s Relist Watch compiles that petitions that were likely relisted for this conference. On Monday, the justices hear oral argument in Iancu v. Brunetti and Emulex Corp. v. Varjabedian. On Tuesday, the justices hear oral argument in Parker Drilling Management Services, Ltd. v. Newton and North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust. On Wednesday, the justic...
Tags: Supreme Court, Law, United States, Davis, Smith, Newton, McDonough, Brunetti, This Week at the Court, John Elwood, Iancu, Emulex Corp, North Carolina Department of Revenue, Varjabedian, Parker Drilling Management Services Ltd


Erik Brunetti’s ‘Scandalous’ Fashion Brand Is Seeking Trademark Help From the Supreme Court

Brunetti said trademarks that are 'far more offensive' have been registered
Tags: News, Supreme Court, Uncategorized, Courts, Brunetti, Onetime, Erik Brunetti


Argument preview: Justices to consider constitutionality of banning trademark registration for immoral and scandalous marks

Trademark law is a consumer protection mechanism. It promotes fair competition by preventing consumer confusion and deception in the marketplace, and incentivizes producers to develop goodwill in their goods and services. Trademark rights begin with use of a mark in commerce, and registration with the U.S. Patent and Trademark Office is not necessary. However, significant rights accrue from registration, such as a presumptive right of validity, constructive nationwide rights, the potential for...
Tags: Featured, Supreme Court, Law, Uspto, Tam, U S Patent and Trademark Office, Anthony Kennedy, Federal Circuit, U S Court of Appeals for the Federal Circuit, Brunetti, Trademark Trial and Appeal Board, Ttab, Merits Cases, Iancu, Natas Kaupas, Matal


Free speech roundup

“In Cato’s latest ‘funny brief,’ Ilya Shapiro and Trevor Burrus are once again telling the Court that scandalous speech is valuable to society and that there’s no way for a government office to be trusted to decide what’s ‘scandalous.'” [Ilya Shapiro and Trevor Burrus on Cato certiorari amicus brief (with P.J. O’Rourke, Nadine Strossen, and others) in trademark registration case of Iancu v. Brunetti] Could someone remind the President of the United States that there’s no law against making fun...
Tags: Law, Uncategorized, Social Media, Fbi, Pennsylvania, United States, New Zealand, Knox, Donald Trump, Free Speech, First Amendment, San Antonio, Christchurch, Trademarks, Calif, Chicago Sun Times


United States: Protected Or Unprotected: The Supreme Court Hears Iancu v. Brunetti - BakerHostetler

On April 15, 2019, the Supreme Court will hear arguments on whether dirty words and vulgar terms may be registrable as trademarks
Tags: News, Supreme Court, United States, Brunetti, Supreme Court Hears Iancu


Monday round-up

This morning the court begins the second week of the March sitting with two oral arguments. First up is PDR Network, LLC v. Carlton & Harris Chiropractic Inc., which asks whether the Hobbs Act, a jurisdictional-channeling statute, requires courts to accept the Federal Communications Commission’s interpretation of a statute allowing recipients of “junk faxes” to sue the senders for damages. Christopher Walker previewed the case for this blog. Luís Lozada and Isaac Syed have a preview at Cornell L...
Tags: Mississippi, Maryland, Supreme Court, Law, Washington Post, Bloomberg, Ford, Federal Communications Commission, Nielsen, North Carolina, Flowers, Patterson, Cornell, South, Walgreen, Round-up


Wednesday round-up

At The George Washington Law Review’s On the Docket blog, Ralph Steinhardt discusses Jam v. International Finance Corporation, in which the court held that international organizations have the same immunity from lawsuits that foreign countries currently have and can therefore be sued in U.S. courts for their commercial activities, suggesting that the case “may be understood as a continuation of the effort to hold intergovernmental organizations accountable for violations of international law, wi...
Tags: New York, Supreme Court, Law, New York City, America, New York Times, American Legion, Round-up, Lyle Denniston, International Finance Corporation, Jam, Adam Feldman, Department of Commerce, Brunetti, Bladensburg, Goldstein Russell


Wednesday round-up

Today the justices close out the February session with an argument in the most notable case of the term so far, The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property. Amy Howe had this blog’s preview. Lauren Devendorf and Tyler Schmitt preview the case for Cornell Law School’s Legal Information Institute. Subscript Law has a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys...
Tags: Supreme Court, Law, Washington Post, America, Cnn, United States, Fox News, Npr, Economist, ABA Journal, American Legion, Round-up, Mark Joseph Stern, Howe, Nina Totenberg, Lambert


Court releases April calendar

The Supreme Court has released its calendar for the April sitting, which begins on April 15. Unlike the February and March sittings, which will feature only six and nine hours of argument, respectively, the April sitting is scheduled to have a full slate of 12 oral arguments – two on each of the six days of the sitting. The April sitting is perhaps most noteworthy for what it does not currently include: the challenge to the Trump administration’s decision to add a question about citizenship to t...
Tags: New York, Featured, Supreme Court, Law, California, United States, Davis, Wisconsin, Smith, United, Newton, Trump, Howe, Argus, McDonough, Brunetti


United States: Why The Supreme Court's Brunetti Review Is About More Than "Ridding The USPTO Of Potty-Mouth Overview" - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Outright profanity and foul-mouth quips have seemingly become central in today's ever-evolving pop culture. Take the hit HBO show Game of Thrones for example
Tags: Hbo, News, Supreme Court, United States, Brunetti, Finnegan Henderson Farabow Garrett, Dunner LLP


United States: Why The Supreme Court's Brunetti Review Is About More Than "Ridding The USPTO Of Potty-Mouth Overview" - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Outright profanity and foul-mouth quips have seemingly become central in today's ever-evolving pop culture.
Tags: News, Supreme Court, United States, Brunetti, Finnegan Henderson Farabow Garrett, Dunner LLP


United States: SCOTUS To Decide If Ban On Scandalous Trademarks Is Unconstitutional - Cooley LLP

On January 4, 2019, the Supreme Court of the United States agreed to hear the United States Patent and Trademark Office's ("USPTO") appeal of In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017).
Tags: News, United States, Uspto, Fed, Supreme Court of the United States, Brunetti, Cooley LLP, United States Patent and Trademark Office


Friday round-up

Briefly: Joan Biskupic reports at CNN that “Justice Ruth Bader Ginsburg’s cancer surgery and ongoing recuperation have cast an atmosphere of uncertainty over the Supreme Court at a critical time for its future and as the legal fate of several controversial White House policies hang in the balance.” At the Goldwater Institute’s In Defense of Liberty blog, Jacob Huebert urges the justices to hear a challenge to an Illinois campaign-finance law and to “and make clear that governments cannot use co...
Tags: Supreme Court, Law, White House, Cnn, Illinois, Ruth Bader Ginsburg, Round-up, Adam Feldman, Heritage Foundation, Kavanaugh, Brunetti, Goldwater Institute, Joan Biskupic, Iancu, RBG, Elizabeth Slattery


Wednesday round-up

The justices wrap up the first week of the January session today with one oral argument, in Franchise Tax Board of California v. Hyatt, in which the court will consider whether to overrule a precedent that allows a state to be sued in the courts of another state without its consent. Richard Re previewed the case for this blog. Clotilde Le Roy and Jarrett Field have a preview at Cornell Law School’s Legal Information Institute. In his first Supreme Court opinion, Justice Brett Kavanaugh wrote for...
Tags: Supreme Court, Law, Washington Post, Washington, Court, America, Bloomberg, Cnn, New York Times, New Orleans, Fox News, Republican, Economist, Hyatt, Trump, Round-up


Monday round-up

This morning the Supreme Court kicks off the January argument session with oral arguments in two cases. The first is Merck Sharp & Dohme v. Albrecht, which raises questions about whether a state-law failure-to-warn claim is pre-empted by federal law regulating the safety and efficacy of prescription drugs. Elizabeth McCuskey previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview for Cornell Law School’s Legal Information Institute. The second case today is Obduskey v....
Tags: Texas, Maryland, Supreme Court, Law, Washington Post, Washington, Massachusetts, Bloomberg, Gop, Wyoming, North Carolina, Ruth Bader Ginsburg, Justice Department, Cornell, Trump, Round-up


What the Fu** — Supreme Court agrees to hear Brunetti Trademark Dispute

by Dennis Crouch Erik Brunetti’s “FUCT” line of apparel doesn’t have much appeal to my sense of style, but the clothing certainly seem to make a statement.  The USPTO refused to grant Brunetti’s application to register the mark — finding that the mark “comprises immoral * * * or scandalous matter” and thus cannot be registered under Section 2(a) of the Lanham Act. On appeal, the Federal Circuit sided with Brunetti — holding the statute unconstitutional as contrary to the Free Speech provision ...
Tags: Supreme Court, Law, Uspto, Patent, Kennedy, Tam, Kavanaugh, Federal Circuit, Brunetti, Fu, Gorsuch, Matal, Dennis Crouch Erik Brunetti, Government Since Tam the Supreme Court


Supreme Court to Decide if Marks With Scandalous Matter May Be Registered

Last Friday, the Supreme Court decided it will hear the Brunetti case, and take a closer look at Section 2(a) of the Lanham Act, the portion forbidding federal registration of trademarks having matter that is scandalous or immoral. So, it appears my big prediction for 2019 is pointing in the affirmative direction: “In terms of my big trademark prediction for 2019, it will be revealed whether the scandalous bar to federal registration is invalidated, whether or not the Supreme Court agrees to hea...
Tags: Fashion, Supreme Court, Minneapolis, Congress, Court, Marketing, Articles, Uspto, Free Speech, First Amendment, Branding, Trademarks, Tam, United States of America, John Roberts, Court of Appeals


More on today’s orders

This afternoon the justices issued orders from their private conference earlier in the day. In addition to the two partisan-gerrymandering cases set for argument in the March session, the justices also granted review in four other new cases, involving issues ranging from “immoral” copyright marks to  vagueness in a federal criminal law. In Iancu v. Brunetti, the justices will take up a First Amendment challenge to a federal law that bans the registration of “immoral” or “scandalous” trademarks. ...
Tags: Featured, Supreme Court, Law, United States, Davis, Dallas, Howe, U S Court of Appeals, Glover, U S Patent and Trademark Office, U S Court of Appeals for the Federal Circuit, Brunetti, Taggart, Lorenzen, Merits Cases, Iancu


Your Big Trademark Predictions for 2019?

Before we think predictions for 2019, let’s consider the vast ground we’ve covered in 2018: The TTAB turned sixty years old, so we offered some commentary and predictions; Super Bowl LII came to Minneapolis, so we covered ambush marketing and fair use; We celebrated a Minnesota Vikings’ Minnesota Miracle, a very distant memory now; Following that Miracle, Martha explained why the Philly Special isn’t so special; Draeke shared in a Strafford webinar; We happily celebrated our ninth birthday on...
Tags: Apple, Supreme Court, Minneapolis, New York City, Advertising, Marketing, Articles, Budweiser, Uspto, Super Bowl, Fair Use, Seattle, Billboards, First Amendment, Lexblog, Branding


Second Circuit refuses to enforce appeal waiver because it "was unsupported by consideration"

I have never been a big fan of appeal waivers in plea agreements that require defendants to waive any challenge to a sentencing that has not yet taken place. Consequently, I am a big fan of appellate courts that put limits on when and how they will enforce such waivers, and the Second Circuit had a notable recent decision in this area in US v. Lutchman, No. 17-291 (2d Cir. Dec 6, 2018) (available here). In this case, a Second Circuit panel refused to enforce an appeal waiver because the defendan...
Tags: Law, US, United States, Rosa, Second Circuit, Brunetti, Douglas A Berman, Lutchman, Riggi, Furthermore Lutchman


Chief Justice John Roberts Talks Trademarks

It’s not every day you’re presented with the unique opportunity of seeing and hearing the Chief Justice of the United States Supreme Court live in your own backyard, thanks very much Caleb! Tuesday was that day, Chief Justice John G. Roberts, Jr. was here in Minneapolis for the 2018 Stein Lecture at the University of Minnesota’s Northrup Auditorium, as the Star Tribune reported. SCOTUSBlog had this to say about the Chief Justice’s remarks. To listen to a recording of the event, to a sell out cro...
Tags: Supreme Court, Minneapolis, Congress, Court, Articles, Patents, First Amendment, Branding, Trademarks, Tam, United States of America, Star Tribune, John Roberts, The Supreme Court, MPR, Roberts


Petitions of the Week

This week we highlight petitions pending before the Supreme Court that address the constitutionality of the Lanham Act’s prohibition on registering “immoral” or “scandalous” marks, standing requirements for a consumer seeking injunctive relief with regard to allegedly misleading consumer products, and the law that governs common-fund fee awards. The petitions of the week are: Chieftain Royalty Co. v. Nutley 18-301 Issue: Whether common-fund fee awards are governed in diversity cases by sta...
Tags: Supreme Court, Law, Davidson, Nutley, Brunetti, Cases in the Pipeline, Iancu, Chieftain Royalty Co, First Amendment Kimberly Clark Corp


Universal Pictures Developing Film Based on the Thailand Cave Rescue

Universal Pictures developing film based on the Thailand cave rescue Deadline reports that Universal Pictures is currently is the process of developing a drama film based on the sensational Thailand cave rescue story. The studio successfully acquired the life rights of the main people who were involved in the rescue mission including: the divers, Dr, Richard Harris and Dr. Craig Challen; and 13 survivors consisting of the Wild Boar soccer team and their Coach Aekkaphol Chantawong. The untitle...
Tags: Movies, Thailand, Richard Harris, Dana Brunetti, Universal Pictures, Phillips, De Luca, Brunetti, Jon M Chu, ComingSoon, Movie News, Tom Waller, Michael De Luca, De Warrenne Pictures, Wild Boars, Thailand Cave Rescue