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Free Speech Considerations in Trademark Law

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Trademark law intersects with First Amendment free speech rights in several key ways: Prior Restraint and Content-Based Restrictions: When the government denies trademark registration based on the...

More Russian Warships, More Failures to Function

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More RUSSIAN WARSHIP, GO FUCK YOURSELF (and variations) trademark applications filed with USPTO since war in Ukraine began As of March 21, 2022, the Russian invasion of Ukraine continues, and so do...

“Russian Warship, Go Fuck Yourself” as a Battle Cry? Yes. As a Registrable Mark? Probably Not

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The world is currently seeing the invasion of Ukraine by Russia, and there has been one catchphrase which has seemingly captured the fighting ethos of the Ukrainian people: “Russian warship, go fuck...

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

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Applicant’s proposed stylized mark with pixelation On February 2, 2022, the Court of Appeals for the Federal Circuit affirmed in In re Vox Populi Registry Ltd., the decision of the USPTO’s Trademark...

New Trademark Application Reveals Problems with Mad Rush for “Hot” Trends

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A new trademark application for COVID-KUSH was filed with the U.S. Patent and Trademark Office (USPTO), on July 30, 2020. The applicant is Anthony Ariza dba Covid-Kush of Santa Clara, California....

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