Fed. Circ. May Change Disparagement Analysis For TMs
Law360, New York (April 28, 2015, 11:14 AM EDT) -- By her April 20, 2015, peroration titled "Additional Views," Federal Circuit Judge Kimberly Moore urged the Federal Circuit to revisit In re McGinley, 660 F.2d 481, 484 (CCPA 1981). That authority has long precluded First Amendment challenges to 15 U.S.C. §1152(a) [§2(a) of the Lanham Act], the section barring registration of disparaging marks that also resulted in the 2014 cancellation of Pro-Football Inc.'s registrations of its "Redskins" marks. Judge Moore's 24-page "Additional Views" were appended to and were at odds with the 11-page opinion she authored in which the Federal Circuit initially affirmed a §2(a) refusal to register "The Slants." In...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!