‘Foul’ Ball II: Why The SCOTUS Decision On ‘Scandalous’ And ‘Immoral’ Trademarks Is Not What You Think
So you can register 'scandalous' and 'immoral' trademarks -- now what? Just because you can do something doesn’t mean that you should do it.
So you can register 'scandalous' and 'immoral' trademarks -- now what? Just because you can do something doesn’t mean that you should do it.
This should not work this way.
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For now, the PTO will be forced to register just about any mark thrown its way, regardless of content.
Although SCOTUS has spoken, trademark licensees should not just breathe a sigh of relief.
* A rundown of the legal problems with Florida's decision to criminally charge the school cop at Parkland for not being a better guy with a gun. [CBS News] * White House aims to take legal services and exercise away from migrant children for cruelty's sake. [NY Times] * Opioid manufacturer settles case for pocket change. [Courthouse News Service] * While its former athletic director is reportedly under investigation, USC got a bit of happy news when one of its former basketball coaches avoided prison time. Fight on. [Law360] * Cellino and Barnes battle royale gets a bit more juicy. [Buffalo News] * Tom Brady is trying to trademark another Hall of Famer's nickname. [BU Today] * A day in the life of a human rights attorney. [Lifehacker]
* With an economic hit on the horizon, it's time to talk about "weak ties." [Law and More] * The makers of Guns ‘N’ Rosé beer must have an appetite for destruction because that feels like a trademark loss waiting to happen. [Lowering the Bar] * Some more analysis of the ABA jobs data we've been talking about all week. [Tax Prof Blog] * The liberal wing of the Supreme Court may not have the votes, but they've been taking more control of cases anyway. [Empirical SCOTUS] * Speaking of the Supreme Court, will LGBTQ rights prevail? A compelling argument that a pair of conservative justices may well defect. [Workplace Prof Blog] * Lawyers breaking down Avengers Endgame. We'll go ahead and throw a spoilers warning on this, though one would have to be pretty dense not to have predicted that. [The Legal Geeks] * Alyssa Milano's sex strike is... dumb. [Law & Crime]
Legal work isn’t slowing down, and the firms that win won’t be the ones working harder — they’ll be the ones working smarter.
Is it really a trademark problem to open a firm using your own name?
Too many matadors.
Scandal and obscenity sells. The question of whether it should sell with the government’s imprimatur remains to be seen.
That's a mouthful.
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Whether SCOTUS will side with the trademark applicant is one thing, but the other consideration that companies need to address is whether they actually want to tread in that territory even if they can acquire federal trademark registration.
Policing third-party use of trademarks requires a rational approach infused with a good dose of diligence and patience.
* In case you somehow missed it, according to Attorney General Bill Barr's summary of special counsel Robert Mueller's investigation, there was no collusion with Russia and with regard to obstruction, "[w]hile this report does not conclude that the president committed a crime, it also does not exonerate him." And that's just fine, because AG Barr exonerated Trump himself. [New York Times]
* Speaking of AG Barr, House Judiciary Committee Chairman Jerry Nadler says he wants to call Barr in to testify due to the “very concerning discrepancies and final decision making” at the DOJ when it came to the Mueller report. [The Hill]
* Rudy Giuliani wants apologies and he wants them now: From legislators to former CIA chiefs, Trump’s personal attorney is demanding apologies from all manner of people who said there was evidence of Russian collusion. [Business Insider]
* Want to see what the Mueller report actually said? Luckily, the Electronic Privacy Information Center filed a FOIA lawsuit in the D.C. Circuit to get the contents of the full report within an hour of it being submitted to AG Barr. [National Law Journal]
* Justice Brett Kavanaugh has been hired as a distinguished visiting professor at George Mason’s ASS Law Antonin Scalia Law School, where he’ll be teaching a study abroad class titled “Creation of the Constitution.” [Fourth Estate]
* I like dollars, I like diamonds, I like -- paper cups? Okurr... When she's not suing people for defamation, Cardi B is applying for a trademark for her catchphrase "Okurrr" to sell t-shirts, hoodies, and paper goods like cups and posters. [TMZ; BBC]
Don't even waste your time, because the USPTO is really pushing back on this issue.
Based on oral arguments, how SCOTUS will rule on this issue is anyone’s guess.