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Federal Circuit to Decide On First Amendment Constitutionality of Barring Disparaging Trademark Registration
On April 27, 2015, the Federal Circuit voted, sua sponte, to vacate its opinion of April 20, 2015 in In re Simon Shiao Tam, Case No. 2014-1203, and to reconsider en banc whether the Lanham Act baron registration of disparaging marks violates the First Amendment.
The Federal Circuit had issued a unanimous opinion by a panel of Judges Lourie, Moore, and O'Malley, which affirmed the Trademark Trial and Appeal Board's (TTAB's) decision to refuse to register Tam's mark “THE SLANTS”. In its opinion, the panel first applied disparagement analysis to the word “slant,” based on: 1) its likely meaning; and 2) whether it “may be disparaging to a substantial composite of the referenced group.” Slip op. at 7. The panel found that the “definitions in evidence universally characterize the word 'slant' as disparaging, offensive, or an ethnic slur when used to refer to a person of Asian descent.” Id. Further, based on several publications and articles the panel found “substantial evidence” for “the Board's finding that the mark is disparaging to a substantial composite of people of Asian descent.” Id. at 8.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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Legal Possession: What Does It Mean?
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