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INSIGHTS

Scandalous Trademarks: Fuct

Written by James Tuck and Jenna Figueroa In Iancu v. Brunetti, the Supreme Court recently struck down the United States Patent and Trademark Office’s (USPTO) ban on scandalous trademarks for violating the First Amendment. This ruling is in accordance with the Court’s 2017 ruling in Matal v. Tam when it found that a registration for an Asian American band named The Slants should be allowed. In a victory for First Amendment advocates, the Supreme Court recently held in Iancu v. Brunetti that the USPTO’s ban on registering “scandalous” marks was unconstitutional. The First Amendment is broad in the scope of protection that it provides. It explicitly states that “congress shall make no law prohibiting the freedom of speech or of the press.” But, the USPTO,

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Trademarks: Stylized Font v. Basic Word Mark

Written by Brandon Zuniga You’ve created an amazing new product and your mind has drifted to marketing: catchy names, more fonts than you knew existed, and striking designs. As the perfect logo finally takes shape, another thought crashes through your mind—knock-offs. How will you stop them? If an answer like trademarks comes to mind, you are already ahead of the game. But, where do you go from here? Well, rather than going anywhere, it could actually be helpful to first consider your options. In particular, you should consider the difference between basic word marks and design marks. For example, if your logo includes an awesome design or original font, wouldn’t it make sense to file a design mark? Maybe. But, it is actually quite possible

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