Tag Archives: Lanham Act

Risqué Business: US Supreme Court Opens Trademark Registry to “Immoral or Scandalous” Trademarks

On June 24, 2019, the US Supreme Court invalidated the Lanham Act’s ban on registering “immoral or scandalous” trademarks. In Iancu v. Brunetti, the Court held that that the ban, in Section 2(a) of the Lanham Act, violated the First Amendment because it required the Government to discriminate against certain viewpoints: marks considered to have … Continue Reading

Supreme Court Clarifies Standing Requirements for False Advertising under the Lanham Act

In what many are calling a “game changing” decision, on March 25, 2014, the Supreme Court articulated the requirements for standing in false advertising cases brought under the Lanham Act in Lexmark v. Static Control, 572 U.S. ____ (2014). The long-running dispute between Static and Lexmark relates to the replacement toner market for printers. Lexmark … Continue Reading