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Mark Lafayette

As seen in: JD Supra, LexBlog
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Articles by Mark Lafayette

Will the COVID-19 Pandemic Impact Your Ability to Secure an “Incontestable” Trademark? | JD Supra

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By Evelina Gentry, Mark Lafayette
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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Will the COVID-19 Pandemic Impact Your Ability to Secure an “Incontestable” Trademark?

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By Mark Lafayette, Evelina Gentry
| LexBlog
Section 15 of the Lanham Act, subject to certain specified exceptions, provides that the right of an owner “to use [a] registered mark in commerce for the goods or services on or in connection with which such registered mark has been in continuous use for five consecutive years subsequent to the date of such registration and is still in use in commerce, shall be incontestable.” See 15 U.S.C. § 1065 (emphasis added).
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Supreme Court Holds Ban on Immoral or Scandalous Trademarks Unconstitutional | JD Supra

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By Ira Sacks, Mark Lafayette
| JD Supra
On June 24, 2019, the United States Supreme Court, in Iancu v. Brunetti, reviewing the trademark application for “FUCT”, held that the Lanham’s Act’s provision, prohibiting the registration of “immoral[] or scandalous” trademarks, 15 U.S.C. 1052(a)(1), violated the First Amendment to the United States Constitution. This blog has followed the evolving judicial views concerning “disparaging” trademarks, culminating in the Supreme Court’s decision in Matal v. Tam, 137 S.
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