B&I Attorney’s Article on When to Trademark Featured in MaineBiz

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MaineBiz has published an article by Brann & Isaacson partner Stacy O. Stitham on “How to Know When to Trademark—and When Not To.” In the piece, Stitham addresses some considerations that go into whether and where to register a trademark: trademarks must be source-identifying; the extent of use is a key factor; and state and...

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Where More Often May Be Heard A Disparaging Word

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Just on the eve of its two–day holiday closure, the Federal Circuit has issued a notable en banc opinion holding that the provision of law that prohibits the registration of “disparaging” trademarks is unconstitutional because it violates the First Amendment’s prohibition on restraints on free speech. A nine–judge majority of the court reached the conclusion...

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