jump to navigation

Matal v. Tam: The Supreme Court Rejects the Prohibition on Disparaging Trademarks 06/22/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property.
Tags: , , ,
add a comment

Sean D. Detweiler (SDD)By: Sean Detweiler and Bianca Sena

On Monday June 19, 2017, the U.S. Supreme Court ruled that the U.S. Trademark Office’s denial of registration for “disparaging” trademarks under Section 2(a) of the Lanham Act violates the Free Speech Clause of the First Amendment and is therefore unconstitutional. The case, Matal v. Tam (previously known as Lee v. Tam) concerned the federal trademark registration of “The Slants,” an all Asian-American rock band. The Court affirmed the Federal Circuit’s decision that Section 2(a) constituted viewpoint-based discrimination because it necessarily required a subjective value judgment on whether something is “disparaging.” The decision upended a portion of statute that has been in place since 1946. The decision will likely impact a parallel trademark case, Pro Football Inc. (a.k.a., the Redskins case), which involves the same disparagement clause section of the Lanham Act and cancellation of the Redskins trademark registrations.

For further detail, read “Matal v. Tam: The Supreme Court Rejects the Prohibition on Disparaging Trademarks”. For more information on trademarks, please contact Sean Detweiler.

Why You Should Spend Dollars on Patent, Trademark Protection 04/11/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property.
Tags: , , , ,
add a comment

Sean D. Detweiler (SDD)In the article, “Why You Should Spend Dollars on Patent, Trademark Protection“, published on CFO.com, patent and trademark attorney Sean Detweiler discusses why it is important for companies to protect the thoughts they pay for through patent and trademark protection. According to Sean, failure to protect this information could lead to loss of company value and a narrowing of opportunities.

Most often, patents are the best form of protection for innovations implemented in your products or services. But if you take your time in pursuing them they may no longer be available to you.

For more information, read the full article on cfo.com or feel free to contact Sean directly.

Patent and Trademark Attorney Sean Detweiler Discusses Possible Risks from Using Low-Cost Trademark Registration Services in New Article 03/21/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Intellectual Property.
Tags: , , , ,
add a comment

Sean D. Detweiler (SDD)In the past 5 or so years, there have been a number of online, low-cost, entrants into the trademark registration space. Companies like The Trademark Company, TTC Business Solutions, and others, promote low-cost trademark registration services. However, questions have surfaced as to whether such services are operating ethically.

Sean Detweiler discusses recent charges brought against low-cost trademark registration companies by the USPTO and the potential risks from using one of these services. He states that:

It is true that the counseling and advice will likely cost more than going it on your own, or using one of these low-cost services that claim an attorney is involved. However, there is clearly a substantial risk in skipping the advice and counseling that experienced trademark attorneys offer, and either filing trademark applications pro se (as an individual, on your own) or using some of the low-cost online trademark registration providers, such as The Trademark Company.

Read the full article, “Recent Developments Should Have Trademark Owners Thinking Twice About Using Low-Cost Registration Services” for more information.

%d bloggers like this: