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SCOTUS Will Decide Constitutionality of Ban on Disparaging Trademarks

Last Thursday, the Supreme Court announced it will hear Lee v. Tam, an appeal from a Federal Circuit decision that held Section 2(a) of the Lanham Act violates the First Amendment.  The case involves a band that was denied registration for the mark “THE SLANTS” under Section 2(a) because the name may disparage individuals of Asian ancestry.  This case may also effectively resolve the ongoing dispute involving the Washington Redskins trademarks

The justices will hear arguments in Lee v. Tam early next year.

Houston Law Schools Fight over Trademark Rights in New Name

A federal judge in Texas has barred the newly named Houston College of Law from using its name. A U.S. District Court Judge sided with the University of Houston Law Center, granting their request for a temporary injunction in a trademark infringement suit filed against the newly renamed Houston College of Law.

The rival school, formerly known as South Texas College of Law, was sued for trademark infringement in June. The Plaintiff, University of Houston Law Center, claimed the name change and a switch to a similar red-and-white color scheme would confuse prospective students and future employers.

In his opinion, U.S. District Judge Keith Ellison, noted several instances of actual confusion, including a letter delivered to the wrong law school and an email from the Texas Board of Law Examiners sent to the wrong law school. “The appearance of the University of Houston Law Center and Houston College of Law marks are strikingly similar,” Ellison wrote. “As an initial matter, two of the three words in defendant’s mark appear in UH’s mark (“Houston” and “Law”), which is a noteworthy fact in and of itself. Far more troubling, however, is the way in which defendant deploys its mark in the marketplace.” Lawyers for the University of Houston call the ruling “a complete victory.”

Partners Meet with Scholarship Recipient

Partners Meet with Scholarship Recipient

Partners Oliver Ruiz and John Malloy III were pleased to meeting this year’s recipient of the John Cyril Malloy Intellectual Property Law Endowed Memorial Scholarship, J. Alex Edwards, at the University of Miami’s Annual Donor Scholarship Luncheon.