In 2017 both the U.S. Supreme Court and the Eighth Circuit issued decisions applying the First Amendment in trademark cases. In Matal v. Tam, a case in which a rock group called “The Slants” sought to register its name, the Supreme Court held that the Lanham Act’s disparagement clause was facially invalid under the First Amendment. 137 S.Ct. 1744 (2017). And in Gerlich v. Leath, the Eighth Circuit held that Iowa State violated the First Amendment in denying a request to license certain university trademarks to a student organization that advocated for reform of marijuana laws. 847 F.3d 1005 (8th Cir. 2017). We will discuss these cases and other recent appellate decisions examining the interplay between intellectual property rights and the First Amendment.
The is no fee to participate. This program has been approved for 1.0 standard Minnesota Continuing Legal Education (CLE) credit.
Questions? Contact Angela Wood at +1 303 607 3662 or angela.wood@FaegreBD.com.