This webcast will review recent updates in U.S. trademark law, including the registration of nontraditional trademarks like scents, sounds, and colors and the protection of so-called scandalous marks. Part of the reason these kinds of trademark registrations are so rare is that they have been difficult to obtain from the USPTO. Trademark applicants seeking to protect non-traditional trademarks have a high hurdle to clear to show that a particular scent, taste, color, etc. has acquired distinctiveness and functions as a trademark. Similarly, for over seventy years, the Lanham Act has banned the federal registration of any trademark comprised of “immoral, deceptive, or scandalous matter” or matter that may “disparage . . . or bring [persons, institutions, beliefs or national symbols] into contempt or disrepute.” This webinar will discuss recent changes to the protection available for scandalous and disparaging trademarks.
12:00 PM - 12:55 PMThose “Not So Obvious” Legal Issues on Trademark Protection—Color, Smell, and Scandalous Marks? Jamie Vining, Miami