Misbehaved Marks: Exploring the Implications of Iancu v. Brunetti
Devon Sanders In Iancu v. Brunetti, the Supreme Court decided that the First Amendment barred the United States Patent and Trademark Office from denying trademark registration for “immoral or scandalous” marks. This marked the first time that owners could register potentially obscene or derogatory marks. This decision changes the future of trademark registration and leaves lasting repercussions throughout trademark law in general. This Article explores the history of trademark law’s ban on registration for immoral or scandalous marks, recent judicial reform with Iancu v. Brunetti and its implications, and potential solutions to challenges caused by the decision. Read Full Text...
For Sale Signs in Cyberspace: Whether Federal Rule of Evidence 408 Should Be Adapted to the Uniform Dispute Resolution Policy for Internet Domain Names to Bar Evidence of Offers to Settle from Arbitration Proceedings
R. Jonas Geissler In 1996, Panavision International, L.P., demanded that Dennis Toeppen stop using the domain name panavision.com because it was identical to the Panavision trademarked name. Toeppen replied that he had a right to the domain name, which he had registered with Network Solutions, Incorporated. If your attorney has advised you otherwise, he is trying to screw you. He wants to blaze new trails in the legal frontier at your expense. Why do you want to fund your attorney’s purchase of a new boat (or whatever) when you can facilitate the acquisition of ‘PanaVision.com’ (sic) cheaply and simply instead? This article...
Why Domain Names Are Not Generic: An Analysis of Why Domain Names Incorporating Generic Terms Are Entitled to Trademark Protection
Sarah E. Akhtar As of the date of this paper, none of the previously listed companies have attained federal registration of their service marks. According to the results of a trademark search conducted on December 17, 1999 using Thomson & Thomson, both DRUGSTORE.COM and VITAMINS.COM are the subjects of pending applications in the United States Patent and Trademark Office (“USPTO”). PETSTORE.COM had not yet filed an application for registration. However, under new office policies, the USPTO may refuse registration to each company’s “domain name trademark” on the grounds that it is generic. While the USPTO follows traditional trademark law for determining whether any trademark can obtain...