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Education

January 21, 2021

Ethical Considerations in Advising Clients. The impact of Brunetti in the Era of Renewed Focus on Social Justice

We discussed Matal v. Tam and Iancu v. Brunetti, which held it unconstitutional to bar registration of trademarks deemed "disparaging," "scandalous," or "immoral." We explored the impact of these cases, and examined the USPTO's response since then - including refusing scandalous marks on the novel ground that "widely-used commonplace words" must be refused. We discussed the implications for brand owners whose mark is a common word, such as APPLE or UNITED. Does it follow from Brunetti that other provisions of the trademark statute are unconstitutional? How are brand owners responding to the renewed focus on social justice, and what are the implications of Tam and Brunetti on ethical issues in this context.


**NOW ONLINE: Amy Herman's The Art of Perception**

If you missed Amy's presentation or are interested in watching it again, please click the link below.


PTOS Link to Video: Available Here

PTOS Presents:

    Amy Herman’s The Art of Perception


Amy Herman’s The Art of Perception program has been featured in The New York Times, The Wall Street Journal, The CBS Evening News, and Smithsonian Magazine, among others. Her TED talk, A Lesson on Looking, went live in December 2018. In her highly participatory presentation, she demonstrates the relevance of visual literacy across the professional spectrum and how the analysis of works of art affords participants in her program an innovative way to refresh their sense of critical inquiry and reconsider the skills necessary for improved performance. Ms. Herman holds an A.B., a J.D., and an M.A. in art history. Her book, Visual Intelligence, was published in May 2016 and was on both The New York Times and Washington Post best sellers’ lists. In her program with PTOS, she will deliver a 90 minute presentation aimed at improving visual acuity to enhance clear communication. In light of the pandemic’s shift in our situational awareness, the program’s exercises are designed to meet new challenges of accessibility to colleagues and stakeholders as well as plan for unforeseen circumstances.

 

Program Description

More About Amy Herman

Recent Article from The Telegraph