Are you a small business owner who has been in business for more than three years? Do you need help with strategic planning, digital marketing, financial analysis, protection of intellectual property, human resource issues, or succession planning? If so, you may be...
Crystal Broughan, Intellectual Property Attorney
Supreme Court Rules Brunetti Has Right to Register Scandalous Trademark
We have been following the story of the trademark application for FUCT that was originally filed with the USPTO in May 2011, in Class 25 for clothing, all the way to the US Supreme Court. Erik Brunetti, the owner of the trademark FUCT, challenged the...
Scandalous Trademarks: The Government Strikes Back
Back in March of this year, I wrote about Erik Brunetti successfully arguing to the US Court of Appeals for the Federal Circuit that he should be approved to register the mark “Fuct” for clothing items, in part because the provision under the Lanham Act preventing him...
Simon Tam’s Journey to the U.S. Supreme Court
Recently, I had the pleasure of attending the Defense Research Institute (DRI) Intellectual Property Litigation seminar in Denver, Colorado. Simon Tam was one of the featured speakers and he spoke about his journey to the U.S. Supreme Court in the case of Tam v Matal....
Can You Trademark Disparaging and Scandalous Words?
Two major court cases in 2017 asked the question: can the government prohibit the registration of trademarks that may be considered defamatory or offensive? In 1905, The Trademark Act forbid the registration of scandalous and immoral trademarks. Then, in 1946, section...