Trademark Bulletin January 2019

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Supreme Court Will Decide Whether USPTO Can Refuse to Register “Scandalous” TMs

On January 4, the U.S. Supreme Court granted certiorari to the USPTO to decide whether the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks violates the First Amendment. The Supreme Court’s decision to hear the case comes less than two years after it unanimously ruled in Matal v. Tam that a similar part of the trademark law that banned the registration of “disparaging” trademarks violated the First Amendment. In Matal, an Asian-American rock band called The Slants attempted to register its name for trademark protection, but was denied because the USPTO decided that the mark would be likely to offend Asian-Americans. Read More

Donna Frosco Named 2018 Lawyer of the Year

By | All, Featured, Firm News, Intellectual Property, Advertising, Art and Fashion Law, International, Litigation, Arbitration and Mediation

Dunnington is proud to announce that Donna Frosco has been named 2018 Lawyer of The Year in the field of Complex Litigation (U.S.A.) by the global publication, Lawyer Monthly magazine and Lawyer-Monthly.com, a daily on-line legal news site. The awards edition of the magazine is available online at: https://legalawards.lawyer-monthly.com/winners-edition/. (See page 69.)

We congratulate Donna on this recognition and her contribution to continuing Dunnington’s long tradition of client representation in complex matters.

Trademark Bulletin November 2018

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U.S. Supreme Court to Rule on Rights of Trademark Licensees Upon Rejection of a Trademark License Under Section 365 of the Bankruptcy Code

On October 26, 2018, the U.S. Supreme Court granted a petition for certiorari in the case Mission Product Holdings Inc. v. Tempnology, LLC to decide whether a licensee may retain licensed trademark rights even after its license agreement has been rejected by the licensor pursuant to section 365 of the Bankruptcy Code, 35 U.S.C. 365(a). Read More