Understanding Section 2(c)’s Names Clause

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The Lanham Act serves as the cornerstone of federal trademark law in the United States, establishing comprehensive protections for brands, consumers, and public figures alike. Among its many provisions, Section 2(c) stands out as a crucial safeguard for famous individuals and celebrities, preventing the unauthorized use of their names in trademark registrations. What is Section …

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The Zone of Interest Test in Trademark Law

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The zone of interest test is a component of the standing analysis in trademark litigation, serving as a gatekeeper to determine which parties may pursue claims under the federal Lanham Act. This doctrine, refined through U.S. Supreme Court and Federal Circuit decisions, continues to shape the landscape of intellectual property disputes. Lexmark In Lexmark International …

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Limitations of the 1st Amendment in Trademark Cases: the Dog Toy Case

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Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights.  The keyword among these cases – two trademark, one copyright, and one patent – is “limitation.”  What does this mean?  The various laws implicated by these opinions do not operate in a vacuum and work in …

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That Sucks! Otherwise Generic gTLD Still Non-Registrable Because Not Attached with Preceding Domain Name

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On February 2, 2022, the Court of Appeals for the Federal Circuit affirmed in In re Vox Populi Registry Ltd.,[1] the decision of the USPTO’s Trademark Trial and Appeal Board (TTAB) refusing registration to .SUCKS as a service mark for Vox’s domain name registry services. However, the Fed Circuit agreed with the TTAB in that …

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Arguing Takings of IP Rights is, Sadly, a Losing Proposition

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The Takings Clause of the Fifth Amendment states that private property “shall not be taken for public use, without just compensation.”[1]  Intellectual property rights – patents, trademarks, copyrights, and other IP – have long been considered property rights.  This belief, however, has been tested by the Supreme Court’s reluctance to specifically define IP as a …

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SCOTUS Grants Certiorari on Appointments Clause Issue

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In its orders of October 13, 2020, the U.S. Supreme Court granted petitions for writ of certiorari to three cases involving Arthrex, Inc., dealing with the constitutionality of the PTAB’s judges: United States v. Arthrex, Inc. (Docket No. 19-1434), Smith & Nephew, Inc. v. Arthrex, Inc. (Docket No. 19-1452), and Arthrex, Inc. v. Smith & …

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