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Event Profile

Crossing the Line: When Trademarks and Free Expression Converge … or Conflict

Date(s):
January 10, 2018
Venue:
Virtual
1400 Crystal Drive, Ste 600
Arlington, VA 22202-3419 
Website:
Not available
Fee(s):
This event has a fee
Description:
Free expression issues are not new to trademark law. But, until recently, they have arisen mostly as a defense to infringement. Matal v. Tam, the June 2017 landmark Supreme Court decision that struck down as viewpoint discrimination the Lanham Act’s disparagement clause, has brought the First Amendment front and center for trademark owners, users, and lawyers. The Federal Circuit made the spotlight even brighter when, in December 2017, it invalidated the Act’s “immoral or scandalous” clause in In re Brunetti.
Just how important a role the First Amendment will play in trademark registration and protection is yet to be seen, but it is now clear that free expression protections reach b...

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