The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce. USPTO announced on December 21, 2021, that it has created a new
Satanic Panic? Trademark Law’s Collision with the First Amendment
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Wearable art or a devilish rip-off? That’s the question posed by a recent collaborative release by art cooperative MSCHF Product Studio and musician Lil Nas X – the limited edition “Satan Shoes.” The Satan Shoes are constructed from Nike Air Max 97 shoes and feature a black
Immoral, Scandalous, and Registrable: SCOTUS Approves FUCT Trademark Under the First Amendment
In a sequel to its Matal v. Tam decision last year, SCOTUS held that the so called “immoral or scandalous” ban on trademarks was unconstitutional in a 6-3 ruling on June 24. In the Tam decision, SCOTUS declared the “disparagement” clause of the Lanham Act to be unconstitutional under the First Amendment, but left open