Blackletter

Trump-It Struck Down


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Today a little bit more lighthearted subject. The USPTO has struck down a company called Adco's attempts to register a trademark for Trump-it, that also featured a series of design marks that included what is clearly the President's iconic hairstyle embedded in the brand mark.  The USPTO essentially said it didn't have permission from President Trump.  They need permission of the person who they're clearly associating with. Not only did they file the mark, they spent money appealing the mark to the Trademark Trial and Appeal Board and their argument was that it was unconstitutional of the USPTO to deny registration of the marks on grounds of free speech. The USPTO came back saying that Adco had erred in treating federal trademark law as something that limits the universe of marks eligible for the benefit of federal trademark registration, as akin to direct restrictions on speech.

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BlackletterBy Thomas Dunlap

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