On February 25th, Marty Schwimmer participated on a panel entitled “Challenging Offensive Marks,” organized by the St. John’s Law School Intellectual Property Law Society. The panel discussed the legal treatment of marks deemed to be scandalous or immoral or disparaging, after the Supreme Court decisions in Matal v Tam (concerning the trademark THE SLANTS) and Iancu v Brunetti (concerning the trademark FUCT). The two decisions held that the Lanham Act’s prohibition of “scandalous or immoral” or “disparaging” was unconstitutional. The panel also discussed steps the owner of a “controversial” trademark might take if it wished to “retire” such a trademark (as the owners of the AUNT JEMIMA and UNCLE BEN’S trademarks have recently done) without abandoning its rights to a third party.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.