Category Archives: Intellectual Property & Technology

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SCOTUS Declares Lanham Act’s Prohibition Against Registering Disparaging Trademarks Unconstitutional

On June 19, 2017, the U.S. Supreme Court issued its decision in Matal v. Tam, affirming the Federal Circuit and holding that the Lanham Act’s prohibition against registering disparaging trademarks is unconstitutional because it “is not ‘narrowly drawn’ to drive out trademarks that support invidious discrimination.” Background The Lanham Act is a federal law that … Continue Reading

Eleventh Circuit: Obtain a Copyright Registration before Initiating Litigation

According to U.S. copyright law, an original work of authorship receives copyright protection from the time the work is created in a fixed form. However, when can a copyright owner sue an alleged infringer for copyright infringement?  Is it sufficient that a copyright owner merely filed an application for registration with the U.S. Copyright Office … Continue Reading