Picture credit: Gaelen Morse / Getty Images By Chase Nevitt, Vol. 21 Staff Writer In the summer of 2022, Ohio State University won a somewhat humorous legal battle over its desire to trademark the famous definite article used throughout the English language. The USPTO officially approved the university’s application to trademark “THE” following a two-year … Continue reading Most popular word in English language has new owner
“I was just joking!” serves as a less than convincing defense to most accusations. Not so in the Ninth Circuit. There, as Jack Daniels learned in a case it now seeks to bring to the Supreme Court, where an otherwise infringing product “communicates a ‘humorous message’ ” it is almost impossible to win.
By Gabriela Monasterio, Staff Writer Vol. 20 The Federal Circuit announced on February 24, 2022 that the Lanham Act’s ban on trademarking names is unconstitutional as content-based discrimination. This reversed the Trademark Trial and Appeal Board (TTAB) decision, which denied an application for the phrase “Trump Too Small” because it contained the name of a … Continue reading Your Name Here™: Who Has the Right to Trademark a Name?
In a landmark decision handed down last week, the Supreme Court ruled that a 40-foot Christian cross located on public land in Bladensburg, Maryland does not violate the separation of church and state. The 7-2 Court was highly fractured in its ruling; five concurring opinions were written. Justice Alito, writing for the plurality, argued that … Continue reading NEWSFLASH! 6/10-6/24
Happy Monday!! I hope everyone had an enjoyable holiday season! Now it is back to the grind! Here is your latest First Amendment news. The U.S. Supreme Court has agreed to review the First Amendment case Iancu v. Brunetti. The case involves a fashion designer fighting to register “FUCT” as the name of his clothing … Continue reading NEWSFLASH 01/07/19 – 01/13/2019
First Amendment Law Review 