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Federal Circuit Opinions

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Breaking: Federal Circuit Holds Ban on Offensive Marks Unconstitutional

The Federal Circuit held today that the U.S. trademark law’s ban on offensive and derogatory marks in unconstitutional, following a similar decision by the Supreme Court earlier this year.

BREAKING NEWS: Federal Judge Orders the Cancellation of Washington Redskins Federal Trademark Registrations

In a near complete win for the Blackhorse defendants and the United States government, the Eastern District of Virginia granted summary judgement on almost all claims in favor of the defendants and ordered the cancellation of six of the Washington Redskins federal trademark registrations.  The Eastern District held that the Redskins marks “may disparage” Native Americans. The [...]

Federal Circuit: Trademark Use Requires Actual Provision of Services, Not Just Advertising

Trademark rights in the United States are based on use of the trademark in commerce. For applications based on use (as opposed to “intent-to-use” applications), the USPTO requires that each applicant provide proof that it is using the mark for the applied-for goods and/or services. This proof must be provided in the form of a [...]