(And how about them scandalous trademarks?) Section 2(a) of the Lanham Act provides that federal registration of a trademark may be refused if the mark “…consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols…” Last […]

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Several states have legalized the cultivation and sale of marijuana. The legal landscape for pot purveyors is complicated, to say the least, by the fact that marijuana is a controlled substance under federal law. The Controlled Substances Act prohibits, among other things, growing, transporting, selling, buying, and using marijuana, i.e., the activities which define the […]

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One of my clients makes and sells delicious homemade pies. This client created a trademark tag line, “Eat More Pie!” to promote its wares. To my delight, this client contacted me BEFORE adopting the tagline, and hired me to perform a search for marks that might conflict with its use and registration of this trademark. […]

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