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Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks
In the U.S. Supreme Court's ruling in Iancu v. Brunetti, 139 S. Ct. 2294 (2017), Justice Sonia Sotomayor's dissent cautioned that the decision is likely to pave a path to a "coming rush to register [vulgar, profane, or obscene] trademarks." The reasoning stems from the court's majority finding that a portion of 15 U.S.C. §1052 — which had previously prohibited the registering of "immoral" or "scandalous" trademarks — is unconstitutional.
Practically speaking, however, this "coming rush" will likely not be the case, even via the entertainment industry.
In Brunetti, the Supreme Court ruled that the Lanham Act's prohibitions against the registering of "immoral" or "scandalous" trademarks violate the First Amendment. Writing for the majority, Justice Elena Kagan explained that the statutory immoral or scandalous bar discriminates on the basis of viewpoint, and thus it offends First Amendment doctrine.
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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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