Immoral or Scandalous Marks: Federal Courts Continue to Chip Away at Trademark Rules

The Supreme Court partially struck down law barring registration of marks that are considered disparaging in the landmark decision Matal v. Tam. The Court affirmed the Federal Circuit Court of Appeals decision to allow an Asian American music group to trademark “The Slants” for their band name, even though the USPTO previously rejected registration on the grounds that the mark was a racial slur.

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Uber’s Use of Messaging App Wickr under Scrutiny

Wickr is a mobile messaging application that allows for the auto-deletion of messages and requirement of passcodes to retrieve messages.  No law prohibits companies from using such applications, but the rules of evidentiary procedure generally require companies to preserve records that may be deemed relevant to litigation.  As such, Uber’s mere use of Wickr is the first major case to raise the issue of encryption and automated-deletion within companies.

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