In the News

Marsha Gentner Considers In re: Brunetti Petition in the World Trademark Review

February 14, 2018

Marsha G. Gentner, Washington, D.C.-based senior counsel in Dykema’s Intellectual Property Practice Group, evaluates the United States Patent and Trademark Office’s chances for a rehearing of In re: Brunetti in the World Trademark Review report, “A Steep Uphill Battle: Experts Pessimistic Over USPTO Bid for U-turn on Scandalous Marks.”

Late last year, the Court of Appeals for the Federal Circuit confirmed that socially offensive trademarks were protected by the First Amendment. Despite a recent Supreme Court opinion which came to the same conclusion in a similar case, the USPTO is challenging the District Court’s decision. Gentner thoroughly analyzes the merits and weaknesses of their position, expressing skepticism about the outcome .

Subscribers to the World Trademark Review may find the article here.