Dr. Adli Covers LA Lawyer Magazine Reviewing the SCOTUS Decision to Modify the Lanham Act

Dr. Dariush Adli, ADLI Law Group’s founder, president, and intellectual property leader is featured on the cover of the November issue of Los Angeles Lawyer. In the publication, he discusses the long-awaited SCOTUS decision in the First Amendment challenge to the Immoral or Scandalous Clause of the Lanham Act. The article aptly titled, “No OFFENSE Intended?” debates the recent SCOTUS decision in Lancu v. Brunetti ––– a case that arose from clothing company FUCT seeking to trademark its name and how trademark law moves forward following the verdict.

 

The highlighted case set the stage for a trial on whether or not a “vulgar” term could be trademarked because, for more than a century, the United States Patent and Trademark Office (USPTO) has denied trademark requests for terms it considered vulgar. The USPTO defines vulgarity as “lacking in taste, indelicate, [and] morally crude…” However, on June 24, 2019, the case was decided in favor of FUCT in a 6-3 majority opinion that found the clause to be unconstitutional for impermissibly discriminating based on viewpoint.

 

The decision is significant in that it allows previously unregenerate marks, which are generally considered by the public to be vulgar, lewd, and offensive to benefit from the enhanced status as registered marks, and the benefits which flow
from federal registration. These benefits include nationwide protection, a presumption of validity and ownership, priority in international filings, and qualifying for a request of statutory damages of up to $2MM and attorneys fees in infringement litigation

 

With more than two decades of experience, Dr. Adli has been at the forefront of the latest Intellectual property law developments. He is recognized as a leader in IP law and is regularly consulted for his insight. Dr. Adli has successfully counseled and represented U.S., Asian, and European businesses, from Fortune 500 corporations to startup companies, in intellectual property and business matters.

 

To learn more about ADLI’s patent litigation practice, click here.

 

To read the current issue of Los Angeles Lawyer featuring Dr. Adli, click here.