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Intellectual Property Blog

WE PROTECT WELL-KNOWN BRAND NAMES AS WELL AS THE ONES YOU WILL COME TO KNOW AND LOVE.

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McBrayer Blogs

Showing 3 posts from 2024.

SCOTUS: You Can't Register Someone Else's Name as a Trademark, Especially Not TRUMP TOO SMALL

The Supreme Court made it clear, regardless of any intended message, the First Amendment does not permit anyone to register someone else’s name as part of a trademark. The Lanham Act, the law which governs federal registration of trademarks, (“the Act”), prohibits registration of trademarks containing the names of living individuals without their consent. In the case of Vidal v. Elster, the Court held that such a restriction is not a violation of the First Amendment. More >

SCOTUS to Public Officials: Private Eyes Are Watching You...Post to Your Social Media

Removing negative comments or blocking someone from your social media page may seem harmless, but if you’re a public official, a new holding from the United States Supreme Court may give you pause about how you use your social media. More >

Are You Sure That’s Free? Content from Others in Your Social Media

Big business owners, small business owners, entrepreneurs, and influencers are all looking for boosts to their reputations that drive traffic and revenue their way. Using the parlance of the 2020s, they are looking to generate impressions and conversions through clever online marketing—usually leveraging the power and reach of social media platforms. Frequently this takes the form of sharing or reposting content already on social media, sometimes with a creative business-specific twist. More >

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