Supreme Court Says Law Banning Registration of ‘scandalous’ Trademarks Violates First Amendment

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On Monday, June 24, 2019, the U.S. Supreme Court in a 6-3 ruling, struck down a provision of federal law that prohibits the registration of “immoral” or “scandalous” trademarks as a violation of the First Amendment. The ruling, which unanimous in part and 6-3 in part, could open the flood gate to trademark applications seeking to register words or phrases that were considered vulgar, a concern that the court’s minority feared.Justice Elena Kagan wrote the majority opinion stating: “[w]e hold that this provision infringes the First Amendment,” because it “disfavors certain ideas.” ...

13 June

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Who Owns Marilyn Monroe’s Image

Posted by coffylawpro

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Court have held that Section 43(a) of the Lanham Act entitles celebrities to sue for trademark infringement when others use their persona, without permission, to suggest a false endorsement or affiliation with goods or services. This may seem quite similar to the right of publicity, but there is a salient difference. In order to prevail under the Lanham Act, a celebrity has to prove that the consuming public is likely to be confused and mistakenly believe there is an endorsement or affiliation where none exists. Under the right of publicity, the celebrity must show that the use is unauthorized, but...

09 June

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Small Businesses Lose Millions Every Year in Unclaimed Tax Benefits

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Most small businesses fail to take advantage of various tax benefits available to them, most notably in the area of tax credits. For example, Jane runs a small laundry and dry-cleaner business. She plans on hiring three (3) new employees. The list of potential candidates includes: a supplemental security income (SSI) recipient, an ex-felon and a SNAP (Supplemental Nutrition Assistance) Recipient. She also plans to become more energy efficient by investing in solar power and an electric vehicle. Jane also wishes to offer her employees health insurance benefits. Jane plans to spend $20,000 to develop a software app and $5,000 to...

04 June

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Apple Loses Major Antitrust Lawsuit

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A lawsuit that managed to make it all the way to the SCOTUS (Supreme Court of the United States) involves the Apple App Store and whether or not Apple can be forced to make other distribution avenues available to purchasers of App Store Apps and developers. How Does the App Store Work? For those of us with iPhones, iPads, or iPods, the process is simple. We need something like a game or an app and we go to the Apple App Store, download it, and we have it. For those who create the app, however, it is less simple. Apple charges a...

04 June

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Brain-To-Brain Interfaces Allow Transmission of Thoughts

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For science fiction fans, this may sound like an overplayed trope. However, science fiction has taken the place of prophecy in the collective imagination and, as such, overplayed tropes are becoming realities with alarming regularity. Now, it is possible to communicate directly with another person through the internet just by using your thoughts. While brain-computer interfaces are not new, the technology is improving rapidly. By providing a two-way interface between two humans (or animals) (or a human and an animal) thoughts can be transmitted directly over vast distances. This ushers in new hope for those suffering from paralysis and the potential...

June 2019

Supreme Court Says Law Banning Registration of ‘scandalous’ Trademarks Violates First Amendment

Who Owns Marilyn Monroe’s Image

Small Businesses Lose Millions Every Year in Unclaimed Tax Benefits

Apple Loses Major Antitrust Lawsuit

Brain-To-Brain Interfaces Allow Transmission of Thoughts