On June 19, 2017, the United States Supreme Court issued a landmark decision in Matal v. Tam, unanimously holding the disparagement clause in the Lanham Act unconstitutional on the ground that it violates the First Amendment. This decision upends over 70 years of practice under Lanham Act. The case will likely have an immediate effect on other pending “derogatory” mark cases, including Blackhorse v. Pro-Football, Inc., (the “Redskins” case) and may signal the Court’s willingness to find the analogous Lanham Act provision prohibiting registration of “immoral, deceptive, or scandalous matter” unconstitutional as well.
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As previously discussed in this blog, a discussion draft of the Senate version of the American Health Care Act (AHCA) was introduced in the Senate last Thursday. Since that time, in addition to unanimous condemnation from the Democrats, including rallies by former Presidential candidate and Senator Bernie Sanders (D., Vt.), several Republican Senators have also… Read more
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