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Tag Archives: Supreme Court

Supreme Court holds ban on disparaging trademarks is unconstitutional – a victory for The Slants

On Monday, June 19, 2017, the Supreme Court released a decision in a high profile trademark case rejecting the Lanham Act’s rule against disparaging trademarks as being facially invalid and unconstitutional.

The Lanham Act, since its enactment in 1946, has contained a provision stating that a trademark should not be refused registration on the principal register unless it “consists of … matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” (See 15 U.S.C. §1052). Since the enactment of the Lanham Act, courts have routinely found that the disparagement rule does not violate the First Amendment because it does not preclude actual use of the mark in commerce nor prevent the establishment of common law trademark rights, but is rather just a bar to federal registration.…

Affordable Care Act: The Supreme Court Issues it’s Opinion

As many readers of this blog are by now aware, the Supreme Court  today issued its much anticipated opinion in National Federation of Business et al v. Sebelius, regarding the constitutionality of the Patient Protection and Affordable Health Care Act (PL 111-148), more commonly refered to as "Obamacare".  Because of the importance of this decision, we’re attaching a link to another blog site maintained by Porter Wright Morris & Arthur LLP, "Employee Benefits Law Report", and to an entry , "Health Care Reform Survives Supreme Court Scrutiny – But Not Entirely Intact", authored by Rich McHugh, a partner in the Porter Wright DC office. Rich’s practice focuses on employee benefits. A link to the decision is embedded within the article.…

Obvious Inventions: Teleflex and its Impacts

By Laurie N. Jacques:

The Supreme Court’s decision in KSR v. Teleflex makes it easier to show that an invention is obvious. This case is likely to result in changes in the nanotechnology field and elsewhere, including:

?For patent applicants, fewer – but perhaps more valuable – allowed patents. ?For patent owners, a greater risk to patent claims that are challenged based on obviousness. ?For patent licensees, another factor to consider when evaluating existing license agreements in view of Medimmune v. Genentech.

Here’s what happened:…

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