Federal Circuit Decision May Change Trademarking Limits For Craft Brewers

The Federal Circuit has taken upon itself the task of hearing a case that could turn trademark law on its head.  The question before the court is whether banning someone from trademarking an offensive mark is a violation of that person’s constitutional right to freedom of speech.  As of right now, if your trademark is disparaging, scandalous or immoral, the USPTO will probably reject it.  That could change if the court rules that a trademark is speech for the purposes of the First Amendment.  I know some craft brewers who would love to register a scandalous or immoral trademark, and this may be their big chance.

If you have any trademark issues or concerns, you know where to find us.

Read more about the scandalous trademark controversy in my recent article on GoLocalWorcester.com.

 

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AiVi Nguyen.
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AiVi Nguyen

AiVi Nguyen is a business lawyer with a specialty in litigation, a practical strategist with a focus on complex contract, real estate and employment disputes. AiVi represents businesses of all sizes and in all stages of growth in Massachusetts, Connecticut, and Rhode Island in a wide variety of industries spanning from healthcare to craft breweries. “I think of myself as a problem solver,” she says. AiVi’s goal is to get her clients the best result in the most efficient manner. Sometimes that means taking a matter all the way through trial, where AiVi has proven to be an aggressive and successful advocate.

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About the Authors

AiVi Nguyen.
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LinkedIn

Partner

AiVi Nguyen

AiVi Nguyen is a business lawyer with a specialty in litigation, a practical strategist with a focus on complex contract, real estate and employment disputes. AiVi represents businesses of all sizes and in all stages of growth in Massachusetts, Connecticut, and Rhode Island in a wide variety of industries spanning from healthcare to craft breweries. “I think of myself as a problem solver,” she says. AiVi’s goal is to get her clients the best result in the most efficient manner. Sometimes that means taking a matter all the way through trial, where AiVi has proven to be an aggressive and successful advocate.

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