Tags » Federal Circuit

USPTO Concedes Federal Circuit’s In Re Tam  Ruling Also Invalidates Lanham Act’s Scandalous and Immoral Ban

The reverberations of last month’s Federal Circuit decision in In re Tam, which ruled the Lanham Act’s Section 2(a) ban on the registration of “disparaging” trademarks  unconstitutional, are beginning to be felt.  299 more words

Hot Topics

Federal Circuit Holds: "Disparagement" Clause of Lanham Act Violates the First Amendment

By: Uli Widmaier

I.  The Court’s Holding:

Section 2(a) of the Lanham Act, 15 USC § 1052(a), provides that trademarks that “disparage . . . 664 more words

Trademark (General)

Federal Circuit Rules Ban On “Disparaging” Trademarks Unconstitutional

On December 22, 2015, the Federal Circuit ruled en banc that the portion of Section 2(a) of the Lanham Act that precludes registration of “disparaging” trademarks is unconstitutional under the First Amendment.  1,006 more words

Federal Cases

Federal Circuit finds disparagement provision of Lanham Act unconstitutional under First Amendment

The Federal Circuit — with an assist from the First Amendment — recently took a small but significant bite out of the Lanham Act.

On Dec. 372 more words

Free Speech

Federal Circuit Sitting En Banc Declares Section 2(a) of the Lanham Act Unconstitutional

Here is the opinion in In re Tam:

In re Tam

An excerpt:

Section 2(a) of the Lanham Act bars the Patent and Trademark Office (“PTO”) from registering scandalous, immoral, or disparaging marks.

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Author: Matthew L.M. Fletcher

Fed. Circuit Affirms PTAB’S CBM Decision Based on a Ground Not Raised By Petitioner

By Reza Mollaaghababa
In SightSound Technologies, LLC v. Apple, Inc. (CBM2013-00020), the Court of Appeals for the Federal Circuit (the patent appellate court) recently affirmed the decision of Patent Trial and Appeal Board (PTAB) to invalidate certain claims of SightSound’s patents 5,191,573 and 5,966,440 in a covered business method (CBM) proceeding based on an obviousness ground that was not expressly raised by the petitioner (Apple). 486 more words

PTAB Procedure