Trademark Confusion Lawsuit Over "ASU: No More Social Distancing. No More Masks. It Is Time to Party!" Posts

ASU loses, even though the defendant “stopped participating in this action after his answer was stricken” “for litigation misconduct”: “[A]a reasonably prudent consumer would not be deceived or confused into believing that ASU was the ‘source or origin’ of the posts and messages emanating from the ‘asu_covid.parties.’”

|The Volokh Conspiracy |

Congress May Not Bar Registration of "Immoral or Scandalous" Trademarks—But "Vulgar or Profane" Marks, Maybe

The Supreme Court rules that the bar on "immoral or scandalous" marks is viewpoint-based, but Chief Justice Roberts and Justices Breyer, Alito, and Sotomayor say that an exclusion of "vulgar or profane" marks would be viewpoint-neutral though content-based. (The other five Justices express no opinion on a hypothetical "vulgar or profane" mark ban.)

|The Volokh Conspiracy |