A Federal Circuit panel denied trademark registration for an Asian-American rock group’s name, the Slants, on a disparagement basis, because the name is racially disparaging.

The biggest intellectual property challenges for celebrity marijuana brands is in the realm of trademark protection and rights of publicity.

In Couture v. Playdom, Inc., the Court held that mere advertising or offering of services is insufficient to support registration of a service mark. Proper use in commerce requires rendering of services and sale or transportation of goods.

The filing of a Declaration under Section 15 of the Lanham Act and the approval of such declaration results in incontestable trademarks. An incontestable trademark registration can be used as the basis for injunctive relief in an infringement action before U.S. courts.

Bell’s Brewery, a Kalamazoo, Michigan brewery, filed an opposition with the U.S. Trademark Trials and Appeals Board against Innovation Brewing’s attempt to trademark “Innovation Brewing.”

In B&B Hardware v. Hargis Industries, the Supreme Court issued a ruling that federal courts must practice due deference and defer to previously issued Trademark Trial and Appeal Board (TTAB) rulings when the issues that the two consider are identical.