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Supreme Court Holds that the Ban on Registration of Immoral and Scandalous Trademarks is Unconstitutional Viewpoint Discrimination

In 2017, in Matal v. Tam (582 U.S. ___ (2017)), the U.S. Supreme Court found that the ban on the registration of “disparaging” trademarks was unconstitutional viewpoint discrimination, but left open the question of whether the ban on the registration of “immoral” and “scandalous” marks was similarly unconstitutional.

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Rogers, McCabe outline strategies for defending against assertion of willful infringement

Time to Read: 1 minutes Practices: Intellectual Property

In the two-year period of 1999 - 2000, 92 percent of all plaintiffs suing for patent infringement sought damages for willful infringement. With that daunting statistic in mind, strategies for defending against willful infringement are an essential element in virtually any patent litigation. Larry Rogers, partner in the Fish & Neave IP Group of Ropes & Gray, outlined an essential strategy for such a defense in a recent presentation to in-house counsel and other patent practitioners. 

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