By Gregory P. Feit Last month, in 1-800 Contacts, Inc. v. JAND, Inc., DBA Warby Parker, the United States Court of Appeals for the Second Circuit addressed whether purchasing a competitor’s trademarks in the context of keyword search advertising amounts to trademark infringement. Adopting what it termed the “consensus view,”...
Just prior to adjourning for its summer recess, the United States Supreme Court ruled that First Amendment free speech considerations required the United States Patent and Trademark Office (“PTO”) to register the trademark “FUCT.” The “FUCT” case is the second in three years contesting federal trademark registration content restrictions. In...
As I reported previously, following the Supreme Court’s landmark ruling that the Lanham Act’s statutory bar to registration of “disparaging” trademarks ran afoul of the First Amendment, the United States Court of Appeals for the Federal Circuit struck down a companion portion of the federal trademark law that precluded registration...