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Iancu v Brunetti

Danielle Johnson Authors Article in IP Magazine

September 4, 2019
Danielle Johnson
IP Magazine

Danielle Johnson, an associate in the firm's Intellectual Property group recently had an article "Iancu v Brunetti" published in IP Magazine.  The article examines the recent US Supreme Court decision overturning the Lanham Act's ban on registering "immoral or scandalous" trademarks as it violated the First Amendment. Johnson 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 Johnson, "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.

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