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Archives: Constitutional Law

Big First Amendment Trademark News: The Slants Win on Appeal

A very important first amendment trademark ruling came down today in the Court of Appeals for the Federal Circuit (which is a U.S. Federal court) involving the restriction on immoral, scandalous, and disparaging trademarks. Here are two previous blog posts where I discussed the “immoral, scandalous, and disparaging” issue: in 2012 and 2014. The Slants Case Let’s start where today’s court opinion begins: “Section 2(a) of the Lanham Act bars the Patent and Trademark Office (“PTO”) from registering scandalous, immoral, or disparaging marks.” The Lanham Act is the federal law that governs trademarks. You can read the whole court opinion…

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Big Changes in Online Copyright Law

Thanks to a recent court decision, we’re looking at some big changes in online copyright law. A 9th Circuit Court of Appeals panel ruled that you need to consider fair use before sending a DMCA copyright takedown notice. What does this mean for copyright holders and users of online media?

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