TM Blog
Federal Circuit Declares Refusal of Disparaging Marks Unconstitutional
An en banc panel of the Federal Circuit has ruled that the Lanham Acts prohibition of registration for scandalous, immoral, or disparaging marks is unconstitutional. For over thirty years the courts and the USPTO have relied on the McGinley ruling to justify refusing the registration of such marks with the argument that the speech wasn't prohibited, just the registration. The Federal Circuit's ruling asserts that the goverment cannot engage in viewpoint discrimination. It will be interesting to see the USPTO guidelines that should emerge soon. The ruling was from an appeal by the band The Slants, an Asian American band.
"Left Nut Brewing Company" Allowed
The Trademark Trial and Appeal Board (TTAB) held that the mark "Left Nut Brewing Company" could be registered. The mark had been refused during examination as containing vulgar matter.
Black & Decker v. Positec and Trade Dress
Black & Decker won a $54 million award for trade dress infringement against Positec. Both Black & Decker's DeWalt drills and Positec's Rockwell drills are yellow and black.
Possible Changes in Mexican Trademark Oppostion
Mexico is considering publishing trademark applications ten days after filing, and then allowing trademark opposition one month after publication. As a result, applications may be opposed during prosecution.
Adidas Cancels "Add-A-Zero" mark
Adidas successful canceled the registration of the "Add-A-Zero" mark, registration number 3173207, that was blocking its registration of "Adizero." The mark was held by the Christian Faith Fellowship Church of Zion, Illinois. Trademark cancelation usually occurs when a mark is not used. The church admitted that it had only sold two shirts with the mark in four years and had never sold pants.