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Danielle Johnson Discusses the U.S. Supreme Court Decision on Immoral or Scandalous Trademarks in IP Magazine

June 25, 2019

Danielle Johnson’s article entitled "Iancu v Brunetti," which was recently published in IP Magazine, examines the recent U.S. Supreme Court decision overturning the Lanham Act's ban on registering "immoral or scandalous" trademarks as it violated the First Amendment. Danielle discusses the majority and dissenting opinions and posits about what next steps might happen in the wake of this decision.

"The court looked at dictionary definitions and at the USPTO’s (US Patent and Trademark Office) standard for determining whether a mark is 'immoral or scandalous'... among other considerations," writes Danielle, "Based on this, it was clear to the majority that the statute distinguished between conventional moral standards and those hostile to them, and was therefore viewpoint-based."

To read the full article, please click here.

Danielle is an associate in the firm's Intellectual Property Group. As a former trademark examining attorney at the U.S. Patent & Trademark Office, Danielle provides a unique perspective on trademark clearance, prosecution, enforcement, and litigation, including representing clients in federal court and before the Trademark Trial and Appeal Board. She also assists clients with copyright and trade secrets matters and provides counseling on issues related to marketing and advertising.

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