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Trademark Registration of Political Messages for Expressive Merchandise–In re Elster (Guest Blog Post)

Technology & Marketing Law Blog

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc. A special note about customer data.

IP 98
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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases.