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McBrayer Blogs

Showing 3 posts tagged Trademark Act.

SCOTUS: You Can't Register Someone Else's Name as a Trademark, Especially Not TRUMP TOO SMALL

The Supreme Court made it clear, regardless of any intended message, the First Amendment does not permit anyone to register someone else’s name as part of a trademark. The Lanham Act, the law which governs federal registration of trademarks, (“the Act”), prohibits registration of trademarks containing the names of living individuals without their consent. In the case of Vidal v. Elster, the Court held that such a restriction is not a violation of the First Amendment. More >

Are You Sure That’s Free? Content from Others in Your Social Media

Big business owners, small business owners, entrepreneurs, and influencers are all looking for boosts to their reputations that drive traffic and revenue their way. Using the parlance of the 2020s, they are looking to generate impressions and conversions through clever online marketing—usually leveraging the power and reach of social media platforms. Frequently this takes the form of sharing or reposting content already on social media, sometimes with a creative business-specific twist. More >

Trademark Registrants, Take Note: COVID-19 Presents Some Challenges for Maintaining Trademark Registrations

As we all know, the varying degrees of lockdown brought about by the COVID-19 pandemic have, for over a year now, interrupted nearly every aspect of personal and professional life. For businesses, mandatory closings and temporary shutdowns can mean a waning customer base and dwindling revenue, but it can also mean something even worse: losing federal rights to a trademark. More >

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