Trademarks

First Amendment protects right to federal registration of offensive trademarks that disparage a person or group

The Supreme Court held that the First Amendment prohibits enforcement of a provision of the Lanham Act that purports to deny the benefits of trademark registration to names or marks that "disparage" a person or "bring [them] into contempt or disrepute." Matal v. Tam,2017 WL 2621315 (U.S. 2017); 15 U.S.C. §1502(a) (Lanham Act). The Court held that "this provision violates the Free Speech Clause of the First...

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Federal Circuit holds that first amendment protects right to use disparaging trademarks

In In re Tam, 808 F.3d 1321 (Fed. Cir. 2015), the Federal Circuit held the government could not withhold trademark registration because the name was disparaging. In re Tam involved a band called The Slants and the Patent and Trademark Office had determined that the name represented a racial slur that was disparaging to people of Asian descent and thus could not be registered as a...

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