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Weekly Appellate Report #16

By Brian Cardile | Aug. 12, 2016


Appellate Practice

Aug. 12, 2016

Weekly Appellate Report #16

Jean-Paul Jassy (Jassy Vick Carolan) discusses how a law against disparaging trademarks might fall; Anna-Rose Mathieson (Cal. App. Law Grp.) previews 'Moore v. Texas,' an OT2016 case considering when a defendant's mental handicap renders execution cruel and unusual


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On this week's show, Jean-Paul Jassy (Jassy Vick Carolan) discusses the disparagement clause, a trademark statute forbidding the registration of trademarks that tend to offend or demean people or groups. Upon this clause a trademark panel stripped the Washington Redskins in 2014 of several of its trademark registrations, a decision the team has appealed. That appeal now waits before the Fourth Circuit, while petitioners in another case, 'in re Tam' present a very similar question about the disparagement clause to the US Supreme Court. Mr. Jassy discusses how the disparagement clause might not exist much longer.

Anna-Rose Mathieson then joins the show to continue our summer SCOTUS preview series. Today she'll chat Moore v. Texas, a fascinating criminal appeal that will ask the high court to grapple one more with the question of at what point a criminal defendant is so mentally handicapped that he cannot, under the 8th Amendment's prohibition against cruel and unusual punishment, be executed after a criminal conviction.

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Brian Cardile

Daily Journal Staff Writer
brian_cardile@dailyjournal.com

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