Pryor Cashman Partner Dyan Finguerra-DuCharme, co-chair of the Trademark Practice, spoke with Law360 about potential implications for the U.S. Patent and Trademark Office of an upcoming U.S. Supreme Court ruling on trademark licensing.
In "Awaiting High Court, USPTO Holds 'Critical' Trademark Apps," Dyan comments on USPTO guidance that suspends action, following an appeals court decision last year and ahead of a Supreme Court decision, involving applications for trademarks featuring language that is "critical of government officials or public figures":
In the wake of the ruling last year, a number of trademark lawyers voiced concerns that the decision drew a new legal line between competing publicity and free speech rights. Dyan Finguerra-DuCharme, one of the lawyers who runs the trademark practice at Pryor Cashman LLP, warned that implementing that ruling could result in forcing trademark examiners to make a kind of "subjective determination" as to whether prospective trademarks express "a message."
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Originally Published by Law360
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