Trademarks
Supreme Court: You Can't Trademark Your 'Trump Too Small' T-Shirts
As Justice Sonia Sotomayor noted during oral arguments, the right to sell a shirt is different from the right to be the only one who can sell that shirt.
Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions
The underlying methodological debate might also bear on free speech disputes more broadly.
Nike Sued Him for Making 400 Pairs of a Reimagined Air Jordan 1
"How small do you have to be for Nike not to care?"
Mickey Mouse Is Now In the Public Domain. Well, Sort Of.
Even though only one very specific version of the character is free to use, it still represents a positive step for creative expression.
Why Is Nike Stomping On Independent Creators?
Nike should welcome the reinvention of their popular shoes.
"This Case Pits Real Lawyers Against a Robot Lawyer"
"Spoiler: the robot wins for lack of Article III standing."
SCOTUS Decides Jack Daniel's v. VIP Products
Jack Daniel's prevails against dog toy maker.
S. Ct. Will Decide "TRUMP TOO SMALL" Trademark / First Amendment Case
The question: Does the First Amendment allow content-based but viewpoint-neutral restrictions on which trademarks may be registered—here, a restriction on marks that "[c]onsist[] of or comprise[] a name ... identifying a particular living individual except by his written consent"?
Supreme Court: Andy Warhol's Prince Prints Not 'Transformative' Enough for Fair Use
The case could have long-term implications for how broadly fair use can be applied.
'FUCK' Belongs to Everyone
The Trademark Trial and Appeal Board determined this week that an applicant cannot have the exclusive rights to everybody's favorite curse word.
Interesting Defendant Anonymity Opinion in Trademark / Parody / Gun 3-D Printing Controversy
And, even more exciting, there’s personal jurisdiction thrown in.
Ninth Circuit Upholds Dismissal of Arizona State's Trademark Lawsuit Over ASU_Covid.Parties Instagram Account
The account posted items such as (in mid-2020), "ASU: No More Social Distancing. No More Masks. It Is Time to Party!"
Now There's a Trademark Issue for You
"They should be paying us for burnishment—not suing us for tarnishment."
"The Law Has Already Sawed That Claim in Half"
The latest from Paul Alan Levy (Public Citizen), pushing back against threats of trademark litigation over parody.
The Trojan Doctrine: Trademarks and the Law of the Horse
I was just reminded of this short article of mine (published at 8 Tex. Rev. L. & Pol. 259 (2003)), and I thought I’d repost it here.
Inadequately Amend Your Complaint, End Your Complaint
Court dismisses Ice Cube's trademark lawsuit over Robinhood's use of his image and of a version of his "Check you self before you wreck yo self" line.
Trademark Confusion Lawsuit Over "ASU: No More Social Distancing. No More Masks. It Is Time to Party!" Posts
ASU loses, even though the defendant “stopped participating in this action after his answer was stricken” “for litigation misconduct”: “[A]a reasonably prudent consumer would not be deceived or confused into believing that ASU was the ‘source or origin’ of the posts and messages emanating from the ‘asu_covid.parties.’”
Some Potentially Racially Offensive Terms Can't Be Trademarked—Because They're Too Common, Not Because They're Racially Offensive
The Trademark Trial and Appeal Board rejects the mark “Nigga” for clothing, because it’s so commonly used by others that it doesn’t serve to identify the applicant’s products (logic that equally applies to "Team Jesus," "Texas Love," and "God Bless the USA").
DERBY-PIE Trademark Owner Can't Stop Newspaper from Discussing Other Derby Pies
An interesting illustration of the "non-trademark use" doctrine.
Go Walgreens!
Why are so many people in Washington DC walking around wearing Walgreens gear all of a sudden?
THE Volokh Conspiracy keeps you up-to-date on THE Trademark System
Can the "the" - not to be confused with the band "The The" - be protected by trademark?
Scotch Whisky Makers Don't Want a Virginia Distillery Using the Word 'Whisky'
What's in a name? Money, apparently.
The Supreme Court Says Your Filthy Trademark Is Protected by the First Amendment
A 6-3 ruling says that the First Amendment protects brand names that are considered “immoral” or “scandalous.”
Congress May Not Bar Registration of "Immoral or Scandalous" Trademarks—But "Vulgar or Profane" Marks, Maybe
The Supreme Court rules that the bar on "immoral or scandalous" marks is viewpoint-based, but Chief Justice Roberts and Justices Breyer, Alito, and Sotomayor say that an exclusion of "vulgar or profane" marks would be viewpoint-neutral though content-based. (The other five Justices express no opinion on a hypothetical "vulgar or profane" mark ban.)
The PTO's Prissy, Puzzling Rules for Registering Trademarks Are Fuct Up
The owner of a clothing line asks the Supreme Court to overturn the ban on "scandalous" trademarks because it violates the First Amendment.
The Slants Know What it Takes to Win a Supreme Court Case
The Slants speak with Reason a year after winning the right to use their own name.
Do You Have a Right To Repair Your Phone? The Fight Between Big Tech and Consumers
Meet Eric Lundgren, who got 15 months in prison for selling pirated Microsoft software that the tech giant gives away for free.
"Gynecology … Is Obviously Far Removed from Music"
So concludes the Trademark Trial & Appeal Board, in rejecting rapper Dr. Dre's trademark claim against OB/GYN -- and OB/GYN-related writer and lecturer -- Draion M. Burch, who calls himself Dr. Drai.
