Posts filtered by tags: Brunetti[x]


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

Guest Professor: Arguing the Scandalous Clause

Prof. Ned Snow (SC) has published several articles on the interplay between free speech and intellectual property rights. His most recent article is titled Denying Trademark for Scandalous Speech. I asked him to provide some comments on the Brunetti FUCT case. – DC by Prof. Ned Snow The arguments against the scandalous clause are several.  Trademark law, it is argued, should concern itself with consumer efficiencies and commercial goodwill—not the psychological protection of children or the majo...
Tags: Law, Congress, Court, Patent, Tam, PTO, Brunetti, Matal, Prof Ned Snow SC

United States: USPTO Files Petition For Writ Of Certiorari In Brunetti "FUCT" Case - Wolf, Greenfield & Sacks, P.C.

On September 7, 2018, the USPTO filed at the Supreme Court a Petition for a Writ of Certiorari (pdf here) in Iancu v. Brunetti, seeking the Court's review of the judgment of the U.S.
Tags: News, Supreme Court, Court, United States, Uspto, Brunetti, Iancu, Wolf Greenfield

“USPTO Files Petition for Writ of Certiorari in Brunetti ‘FUCT’ Case”

“USPTO Files Petition for Writ of Certiorari in Brunetti ‘FUCT’ Case”: John L. Welch has this post at his “The TTABlog.”
Tags: Law, Uncategorized, Brunetti, John L Welch

Scandalous/Shocking Trademark Applications

Erik Brunetti is not one step closer to being able to federally-register his vulgar and scandalous FUCT trademark for clothing; his portfolio of applications remain log jammed (here and here): So, scandalous trademark applications are still on hold at the U.S. Trademark Office, since the government is now asking for the Supreme Court to reverse Brunetti. First prediction, check. As you will recall, the Court of Appeals for the Federal Circuit in Brunetti, struck down the scandalous and immora...
Tags: Supreme Court, Congress, Marketing, Articles, United States, Uspto, Viewpoint, First Amendment, Branding, Trademarks, Shock, Tam, United States of America, Alito, Court of Appeals for the Federal Circuit, Department of Commerce

Scandals and Corruption: Administration Should Focus its Attention on Actual Scandals

by Dennis Crouch Thinking about Brunetti – Prof. Ned Snow has explained his view that the limit on registering scandalous marks should be upheld — so long as the term scandalous is limited to just marks communicating “sexually-explicit or vulgar content.”  Ned Snow, Denying Trademark for Scandalous Speech, 51 UC Davis L. Rev. ___ (2018).  As I suggested in a prior post, the “scandalous” nature of the mark would be largely viewpoint neutral and therefore more likely to pass through Supreme Court ...
Tags: Amazon, Supreme Court, Law, US, Patent, Brunetti, Dennis Crouch, Ned Snow, UC Davis L Rev

Government: We Can Still Regulate Morality

by Dennis Crouch Morality judgments have been a core governmental activity for millennia.  However, when it comes to limiting speech – morality is unlikely to be a sufficient justification to overcome today’s expansive Free Speech principles. The Lanham Act requires the USPTO to bar registration for marks that are either “immoral” or “scandalous.”  15 U.S.C. 1052(a).  A separate portion of the provision prohibits registration of marks that “may disparage . . . persons” — but the Supreme Court fo...
Tags: Supreme Court, Law, Congress, US, Uspto, Patent, Fed, Tam, Federal Circuit, Brunetti, Dennis Crouch, Joseph Matal, Matal, Supreme Court for Writ of Certiorari

Scandalous Trademark Applications On Hold

Trademarks consisting of or comprising “scandalous or immoral” matter still won’t be granted federal registration “in the name of the United States of America,” at least for the time being. Immediately on the heels of the International Trademark Association’s 140th Annual Meeting in Seattle, and our well-received panel discussion concerning Trademarks and Free Speech, the United States Patent and Trademark Office announced it will continue to hold on to and suspend trademark applications contain...
Tags: Supreme Court, Marketing, Articles, Uspto, Seattle, Viewpoint, Free Speech, First Amendment, Branding, Trademarks, Tam, United States of America, U.S. Supreme Court, The Supreme Court, Trademark Office, Brunetti

At INTA 2018: Trademarks and Free Speech

Yesterday in Seattle — where nearly 11,000, sleepless, brand protection, trademark, and IP professionals from 150 countries have registered and converged for INTA’s 140th Annual Meeting — yours truly had the distinct pleasure of sharing some thoughts on the intersection between federal trademark registration and Free Speech. Here are some before, during and after pics: Before:   During:     After: Steve Baird, Amanda Blackhorse, Joel MacMull, Simon Tam Professor Lisa Ramsey, Steve Baird,...
Tags: Advertising, Marketing, Articles, Infringement, Ford, Uspto, Seattle, Free Speech, First Amendment, Red Sox, Steve, Branding, Trademarks, Tam, Brunetti, Steve Baird

Brunetti, Tam, and Next Steps for TM Registration Limits

by Dennis Crouch The US Gov’t petition for en banc reheraing in the Brunetti (FUCT) scandalous mark case has been denied without opinion. Section 2(a) of the Lanham Act (codified at 15 U.S. Code § 1052) authorizes the PTO to refuse registration of marks that are: immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute… [or certain geo...
Tags: Supreme Court, Law, Congress, US, Patent, US supreme court, Rogers, Tam, PTO, Friedman, Federal Circuit, Brunetti, Dennis Crouch, Simon Tam, Erik Brunetti, Brunetti Tam

Is the Limiting of Scandalous Marks a Viewpoint Neutral Government Activity?

by Dennis Crouch In the FUCT case (In re Brunetti), the Federal Circuit mooted the Lanham Act’s prohibition against registering immoral or scandalous marks — holding the limitation to be an unconstitutional restriction of free speech and reversing the TTAB holding that Bruneti’s “FUCT” mark is unregistrable.  The FUCT case follows the Supreme Court’s 2017 SLANTS decision (Matal v. Tam) which similarly voided the prohibition on registering disparaging marks. (Erik Brunetti is shown on the right.)...
Tags: Supreme Court, Law, California, US, Patent, Nra, Board, Tam, Cohen, Kalman, Federal Circuit, Brunetti, Cortes, Dennis Crouch, Matal, Erik Brunetti

Trump DOJ Considering Challenging Brunetti Scandalous Mark Decision

In Brunetti, the Federal Circuit extended Matal v. Tam, 137 S. Ct. 1744 (2017) to further reject the Lanham Act’s restriction on registration of immoral or scandalous marks — finding the limitation to be an unconstitutional restriction of free speech. (In Tam, the Supreme Court found the restriction on registering disparaging marks to be unconstitutional.) In this case, the USPTO is being represented by attorneys from the Department of Justice rather than the its own internal solicitors. The DOJ...
Tags: Supreme Court, Law, Department Of Justice, Doj, Patent, Tam, PTO, Federal Circuit, Brunetti, Trump DOJ, Matal

Does Erik Brunetti Have Ford’s Attention Yet?

Last Friday was a big day for Erik Brunetti. He won his appeal at the CAFC, opening the door to federal trademark registration of his four-letter-word “fuct” clothing and fashion brand name. The same door swung wide open for all other vulgar, scandalous, and immoral designations used as trademarks, because the 112-year old registration prohibition was found to violate free speech. You may recall where I take a knee on the free speech argument as it relates to the government’s issuance of federal...
Tags: Fashion, Supreme Court, Congress, Marketing, Articles, Ford, Uspto, Content, Viewpoint, First Amendment, Branding, Trademarks, Ford Motor Company, Tam, Brunetti, Steve Baird

Owning a (Wholesome) Four Letter Word

I’m not talking about those kinds of four letter words (by the way, we’re still awaiting the Brunetti decision to learn their fate), so today I’m talking about this wholesome kind: Inquiring minds may wonder (and interested alumni) how the University of Iowa might go about owning federally-registered rights in the word IOWA to convert that ™ symbol to an ® symbol? The easiest place to start would be to claim the word has acquired distinctiveness for the typical clothing offerings of a Big Ten U...
Tags: Fashion, Advertising, Marketing, Articles, TM, University, Iowa, Uspto, Nebraska, Branding, Trademarks, University of Iowa, Brunetti, Iowa Hawkeyes, Steve Baird, Federal Registration

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part III

Of course, loyal readers have been eagerly awaiting Part III of the series (see Part I and Part II) focusing on Tam’s intersection of federal trademark registration and the First Amendment. In terms of the certain and practical implications flowing from the decision, it opens the door to a host of new trademark applications containing religious and racial slurs, including the N-word. Perhaps this explains, in part, why the Justice Department flip–flopped on the issue and now says that the “scand...
Tags: Supreme Court, Marketing, Articles, Wes, Uspto, Freedom Of Speech, Boston Red Sox, Fair Use, First Amendment, Justice Department, Red Sox, Kennedy, Branding, Trademarks, Tam, United States of America

“Not So Fast,” Mr. THRILLED Daniel Snyder

Lee Corso (former coach and ESPN football analyst) frequently utters this famous sports media catchphrase on ESPN’s “College GameDay” program: “Not so fast, my friend!” The first three words of that phrase come to mind upon hearing that THRILLED Daniel Snyder (majority owner of the NFL football franchise nearest the Nation’s Capitol) is celebrating Simon Tam’s (and Tam’s talented lawyers’) recent victory at the Supreme Court. Excluded are the last two words as inapplicable, as I’ve never met Mr....
Tags: Supreme Court, NFL, Espn, Department Of Justice, Washington Redskins, Rolling Stone, First Amendment, Justice Department, Redskins, Branding, Tam, Snyder, Court of Appeals for the Federal Circuit, Federal Circuit, Brunetti, Ron Coleman

Symposium: Most important free speech case in many years

Hugh C. Hansen is a professor of law at Fordham University School of Law. He is the founder and director of the Fordham Conference on IP Law and Policy and the Fordham IP Institute. He submitted amicus curiae briefs in support of Simon Tam in both the U.S. Court of Appeals for the Federal Circuit and the Supreme Court. Matal v. Tam is one of the most important First Amendment free speech cases to come along in many years. The result is not much of a surprise. For the record, on October 24, 2016,...
Tags: Featured, Supreme Court, Law, Congress, United States, Truth, Tam, The Supreme Court, Abrams, PTO, Trademark Office, Samuel Alito, Anthony Kennedy, Federal Circuit, U S Court of Appeals for the Federal Circuit, Brunetti

'Earthly Remains' looses Inspector Brunetti on another murderer

Donna Leon's 27th 'Inspector Brunetti' mystery is as acute and witty as her first.
Tags: News, Brunetti, Donna Leon

'Earthly Remains' looses Inspector Brunetti on another murderer

Donna Leon's 27th 'Inspector Brunetti' mystery is as acute and witty as her first.
Tags: News, Brunetti, Donna Leon

Atomic Books Comics Preview - May 19, 2017

In the weekly Atomic Books Comics Preview, Benn Ray highlights notable new comics, graphic novels, and books. Benn Ray is the owner of Atomic Books, an independent bookstore in Baltimore. He also runs the Mutant Funnies Tumblr. Atomic Books has been named one of BuzzFeed's Great American Bookstores, as well as one of Flavorwire's 10 greatest comic and graphic novel stores in America. Bar Napkin Jukebox by Nolen Strals Artist and musician Nolen Strals (Post Typography, Double Dagger) h...
Tags: Music, Steve Jobs, David, Baltimore, Gary Gygax, Atomic Books Comics Preview, Atomic Books Comics Preview Benn Ray, Benn Ray, Atomic Books, Mutant Funnies Tumblr Atomic Books, Flavorwire, Twitter Atomic Books on Facebook, Brunetti, Circle Jerks, Roger Rogerson, Rogerson