Jennifer Ko Craft Quoted in Law360 on Federal Circuit's Decision Regarding Wrongful Registration Denial by Trademark Trial and Appeal Board

Jennifer Ko Craft was quoted recently in Law360. The Federal Circuit recently held that the Trademark Trial and Appeal Board wrongly denied registration of the mark “Trump Too Small” under Section 2(c) of the Lanham Act, which bars registration of marks that include the name of a living person without that person’s consent. Jennifer shared her insights on whether Section 2(c) should be deemed unconstitutional in violation of an applicant’s freedom of speech and offered practical insights on how the recent decision might impact how an individual polices his/her trademarks. Specifically, she would consider taking additional steps before the USPTO. “I plan to more closely monitor these types of applications and if only a Section 2(c) refusal is asserted by the USPTO, [I will] consider filing a letter of protest to suggest that a Section 2(d) refusal [based on likelihood of confusion] should be issued as well,” Jennifer said. To read the article, click here.