The Supreme Court of the United States’ decision in the 2017 case of Matal v Tam (“Matal”) has important implications for trademark law inside and outside of the United States.” In ruling that the Lanham Act’s “non-disparagement” provision violated the First Amendment, the Court affirmed the decision of the Court of Appeal for the Federal […]
From Facebook Groups dedicated to rape jokes to death threats on Twitter, the Internet can seem like a free speech free-for-all. Anyone can say anything, because who is going to stop them? In her presentation, Regulating Speech in Cyberspace, University of Calgary Professor, Dr. Emily Laidlaw answers that question.
New Developments in Trademark Dispute of Asian-American Rock Band "The Slants" Reignite Free Speech Debate
Recent developments in the ongoing trademark dispute involving Asian American dance rock band "The Slants" have reignited discussion regarding disparaging marks and free speech. Last month the band argued before a U.S. appeals court that the government’s rejection of its trademark application pursuant to "the provision in the Lanham Act that bars disparaging trademarks violates the First Amendment and should be […]
Does free speech overrule a trademark owner's interest in a domain name? According to Sutherland Institute v. Continuative LLC, a recent case by a WIPO domain dispute arbitration panel, the answer could be yes. Maybe. The case is interesting for two reasons: its discussion of free speech protection and domain names, and the deference of […]