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Tag: First Amendment

Deceptive Trademarks: A Free Speech Issue

Posted on November 12, 2019November 13, 2019 by Joseph Schiller

Look to your left. Now look to your right. Only one of you will survive. This phrase, which purportedly used to be common in opening addresses at higher-level learning institutions albeit with different wording1 has recently become reality for parts of the statute that establishes rules and procedures for federal registration of trademarks—the Lanham Act…

The NFL and Kneeling during the Anthem

Posted on February 13, 2018 by Jae Myoung Sohn

Ever since Colin Kaepernick took a knee during the anthem before a National Football League (“NFL”) preseason game in 2016, there has been ample commotion and analysis surrounding race relations in the United States. Kaepernick kneeled to voice his opposition to police brutality–particularly against African Americans–and racial tensions more broadly within the United States.1 Not…

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