Questionably Offensive Trademarks Cleared for U.S. Registration

On June 19, 2017, the U.S. Supreme Court ruled that the disparagement clause violates the Free Speech Clause of the First Amendment. This decision emanates from the case involving the lead singer of the rock group called "The Slants" who sought federal registration of the mark "THE SLANTS". The registration was originally denied by the United States Patent & Trademark Office (USPTO) because the name was determined to be offensive to particular ethnic groups that have been described as having slant-eyes. [More]

U.S. Supreme Court Pronounces Factors to be Considered By Courts in Regulatory Taking Cases

On June 23, 2017, the U.S. Supreme Court issued its decision in the eminent domain case of Murr, et al. v. Wisconsin, et al., 582 U.S. ____ (2017). In Murr, the Court addressed whether two legally-distinct, but contiguous, commonly owned parcels should be treated as a single parcel in determining whether a regulatory taking has been affected. The Court rejected the different formalistic approaches suggested by the parties. Instead, the Court held that a multifactor test should be used that examines: (1) how state and federal law defines the property; (2) the physical characteristics of the property; and (3) the prospective value of the regulated land. [More]

Questionably Offensive Trademarks Cleared for U.S. Registration

On June 19, 2017, the U.S. Supreme Court ruled that the disparagement clause violates the Free Speech Clause of the First Amendment. This decision emanates from the case involving the lead singer of the rock group called "The Slants" who sought federal registration of the mark "THE SLANTS". The registration was originally denied by the United States Patent & Trademark Office (USPTO) because the name was determined to be offensive to particular ethnic groups that have been described as having slant-eyes. [More]

Ohio Legislature Alters Law on Truancy and Student Discipline

The Ohio Legislature passed House Bill 410 (H.B. 410) last December after considering the legislation for over a year. The bill became law on April 6, 2017. As of April 6, school districts must measure absences in hours, rather than days, and must adhere to new laws regarding student discipline. The new law substantially changes the truancy law for the 2017-2018 school year, and requires school districts to prepare and implement policies that emphasize intervention strategies for chronically absent students. Significant changes have also been made with respect to student out-of-school suspensions. [More]