In the News

Marsha Gentner Quoted in Several Intellectual Property Publications Regarding SCOTUS USPTO Decision

June 20, 2017

Marsha G. Gentner, Washington, D.C.-based senior counsel in Dykema’s Intellectual Property Practice Group, was quoted in three leading IP publications following the U.S. Supreme Court’s unanimous decision in Matal v. Tam, which deemed that the Lanham Act's ban on disparaging trademarks being registered with the U.S. Patent and Trademark Office violates the First Amendment.

In World Trademark Review’s feature, “‘Simple and Correct’ or ‘Tremendous Damage to Minorities’?,” Gentner doubts the ruling will have an extensive impact on the infrequent occurrence of rejected registration cases, but she predicts that since controversial marks are now likely to be accepted, trademark courts can expect a more distasteful judicial ambience when dealing with offensive brand infringement disputes.

An abbreviated version of the same interview appears in Intellectual Property Magazine’s story, “Reaction: Matal v. Tam Will Open Doors to Free Speech Challenges.”

The entire World Trademark Review article may be found here.

Subscribers to Intellectual Property Magazine will find the story here.

Westlaw Journal: Intellectual Property also shared some of Gentner's thoughts with its readers as well.