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Upcoming Events › Intellectual Property Law

August 2019

Webinar: Trademarks, the First Amendment, and the Implications of the Supreme Court’s Brunetti Decision

August 6 @ 12:00 pm - 1:00 pm

The speaker will discuss the U.S. Supreme Court’s recent decision in Iancu v. Brunetti, where the Court held that the federal trademark law banning registration of immoral and scandalous marks is a viewpoint-discriminatory regulation of expression that violates the First Amendment. This conclusion was not surprising given the fact that the Court held in 2017 in Matal v. Tam that a similar law denying registration to potentially disparaging marks was an unconstitutional regulation of the viewpoint of expression. While some commentators believe that Tam and Brunetti require the U.S. Patent and Trademark Office to register expression that is hateful, profane, vulgar, or otherwise offensive, trademark applicants still need to prove that their marks are distinctive and function as trademarks that identify a single source of goods or services. Thus, such marks may be refused registration on lack of distinctiveness or failure to function grounds. Moreover, the Justices suggested that Congress could draft a more narrow provision that would survive First Amendment scrutiny, such as a law banning registration of expression that is obscene, vulgar, or profane.

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Webinar: The Updated Trademark System in Canada: What U.S. Attorneys and Applicants Need to Know

August 27 @ 12:00 pm - 1:00 pm

Elliott Gold will discuss the recent changes to Canadian trademark legislation including, Canada’s recent adherence to the Madrid Protocol, the Adoption of the Nice Classification system, recommended steps for U.S. trademark applicants, tips for IP due diligence investigations for Canadian transactions, Canadian and Global Brand Protection and border enforcement strategies.

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November 2019

44th Annual Intellectual Property Law Section Institute

November 14 - November 16
Wynn Hotel, 3131 S Las Vegas Blvd
Las Vegas, Nevada
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The 44th Annual Intellectual Property Law Section Institute is scheduled for Thursday-Saturday, November 14-16, 2019 this year. Early registration is open right now. Check back at a later time for more details, including speakers and panel topics!

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