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ON DEMAND: Scandalous Marks on Brunetti’s One-Year Anniversary: The Decision’s Impact and the PTO’s Commonplace Words Doctrine

Credit: 0 Credit Hours

Run Time: 79 Minutes

**This is a previously recorded program, originally recorded on June 24, 2020.

Language warning: This presentation contains explicit language.

The program will explore the impact of Iancu v. Brunetti, which held it unconstitutional under the Free Speech Clause to bar registration of trademarks under Section 2(a) of the Lanham Act deemed “scandalous” or “immoral.” Speaker John R. Sommer, Brunetti’s SCOTUS counsel, will provide first-hand insights into the case and, his experience, one year later, as he continues to address subsequent refusals of Mr. Brunetti’s applications for “FUCT” and other marks. Speaker Megan Carpenter, Dean and Professor at University of New Hampshire Franklin Pierce School of Law, and an internationally known academic expert on intellectual property, and its role in entrepreneurship, branding, and the arts, will provide further insights. They will examine the USPTO’s new response – refusing scandalous marks on the novel ground that “commonplace words” must be refused – and the implications for brand owners whose mark is a common word, such as APPLE or UNITED. The speakers will also consider whether it follows from Brunetti that other provisions of the trademark statute are unconstitutional and will delve into developments on scandalous refusals internationally.
Sponsored by: Trademark Committee of the D.C. Bar Intellectual Property Law Community

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  • Megan Carpenter, Esq., Dean and Professor of Law University of New Hampshire Franklin Pierce School of Law
  • John R. Sommer, Esq., Chief Administrative Officer and General Counsel, Stussy, Inc. and Private Counsel
  • Belinda J. Scrimenti, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP (Moderator)
On Demand Registration Fees:
$10 D.C. Bar Law Student Community Member
$20 D.C. Bar Intellectual Property Law Community Member
$20 Government/Nonprofit
$30 D.C. Bar Member
$50 Non-member
Please select Individual Registration to register. 

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