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Trademarks are “Private” Speech Under Matal v. Tam, and Patents are Private Property

In finding trademark registration to be “private,” rather than “government” speech, the Supreme Court forged a path toward finding Inter Partes Review unconstitutional in the upcoming Oil States case. Specifically, the Court unanimously agreed that the federal trademark registration system is predicated on ancient, historical rights similar to the historical justification of patent rights. Additionally, with Justice Gorsuch abstaining, a four Justice plurality also agreed that the benefits conferred by statutory intellectual property registration fails to justify deprivation of fundamental civil rights, on which the Oil States case is also based. Read more…



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