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SCOTUS Strikes Down Ban on Disparaging Trademarks

by Reed Smith on

Earlier this week, a unanimous but fractured Supreme Court ruled that a controversial provision in the Lanham Act prohibiting the registration of trademarks that disparage “persons, living or dead, institutions, beliefs, or...more

Matal v. Tam: Trademark Disparagement Clause Held Unconstitutional

by Shearman & Sterling LLP on

Yesterday, the Supreme Court held in an 8–0 decision that the disparagement clause in the Trademark statute—which prohibits the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute”...more

A Good Day for Free Speech Advocates: Supreme Court Holds Unconstitutional Federal Trademark Law’s Anti-Disparagement Provision

by Snell & Wilmer on

In Matal v. Tam, the United States Supreme Court held unconstitutional, under the First Amendment, the “disparagement clause” of 15 U.S.C. § 1052(a), which permits denial of a trademark registration application by the United...more

Supreme Court Strikes Down Statute Banning Disparaging Trademarks

On June 19, 2017, the Supreme Court in Matal v. Tam unanimously held that a portion of 15 U.S.C. § 1052(a), the Lanham Act provision that prohibits the registration of trademarks that may “disparage . . . persons, living or...more

In Victory for The Slants, U.S. Supreme Court Strikes Lanham Act’s Disparagement Clause

In Matal v. Tam, the United States Supreme Court struck a provision of the Lanham Act that has been used to deny federal registration of trademarks deemed disparaging to “persons, . . . institutions, beliefs, or national...more

Supreme Court: Disparaging Speech Protected By First Amendment Lanham Section 2(a) Unconstitutional: A Win for the Slants and the...

In a unanimous (albeit fractured) decision written by Justice Alito, the United States Supreme struck down a provision of the Lanham (Trademark) Act barring registration of “disparaging” trademarks, handing a victory to...more

Matal v. Tam: The Supreme Court Says You Can Register &%$£!*®

On June 19, 2017, the US Supreme Court in Matal v. Tam unanimously affirmed a decision by the US Court of Appeals for the Federal Circuit that Section 2(a) of the Lanham Act, which precludes “disparaging” trademark...more

Your trademarks now can (but needn’t) be offensive

by Thompson Coburn LLP on

If you want to — though we don’t encourage it — you can now disparage ethnic groups in your federally registered trademarks. Indeed, the Supreme Court has unanimously given you a constitutional right to select, and obtain...more

Matal v. Tam: U.S. Supreme Court Holds Prohibition on Disparaging Trademarks Unconstitutional under First Amendment

In a unanimous decision handed down on June 19th, the U.S. Supreme Court struck down as unconstitutional a long-standing prohibition against federal registration of “disparaging” trademarks, finding that the this provision of...more

Supreme Court to Slants: “Rock On!” Trademark Ban on Offensive Trademarks Held Unconstitutional

by Bracewell LLP on

On June 19, 2017, the Supreme Court unanimously held that Section 2(a) of the Lanham Act (15 U.S.C. §1052(a)), the provision of federal trademark law barring registration of disparaging trademarks, violates the First...more

Even Disparaging Trademarks are Registerable

The Supreme Court recently ruled 8-0 that the U.S. Patent and Trademark Office (“USPTO”) can no longer refuse to register trademarks because it deems them “disparaging” pursuant to a section of the federal trademark statute. ...more

Supreme Court Rules in Favor of Slants Rock Band

On Monday, June 19, 2017, the U.S. Supreme Court (“SCOTUS”) invalidated a 70-year-old provision of U.S. trademark law that previously barred registration of “offensive” trademarks. The high court held that the federal...more

Alert: SCOTUS Rules Disparaging Trademarks Ban Unconstitutional

by Cooley LLP on

A unanimous US Supreme Court affirmed on June 19, 2017 a lower court decision striking a law prohibiting registration of trademarks that “may disparage” because it violated the Free Speech Clause of the First Amendment to the...more

Upon Further Review: Supreme Court Ruling Means “Redskins” Trademark Registrations Are Still In Play

by Jackson Walker on

This week the U.S. Supreme Court held the “disparagement clause” – a federal trademark provision that prohibits the registration of a trademark “which may disparage” . . . persons, . . . , institutions, . . . beliefs, or...more

You Might Not Like This, But: The Supreme Court Rules that Trademark Registrations Cannot Be Barred Because Offensive

The U.S. Supreme Court has reminded us again that the First Amendment’s protection of free speech includes speech that might hurt your feelings. In a unanimous decision after a two year litigation battle, the Court just held...more

Intellectual Property Update: High Court Rules That Trademark Registration May Not Be Denied Due To Offensiveness

by Sherman & Howard L.L.C. on

In an 8-0 ruling, the U.S. Supreme Court this week struck down a provision of the federal Lanham Act prohibiting the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any...more

Supreme Court Strikes Down the Lanham Act’s Disparagement Clause

by Alston & Bird on

On June 19, 2017, the U.S. Supreme Court, in Matal v. Tam, held that the disparagement clause of the Lanham Act violates the First Amendment’s free speech clause. In a unanimous decision, the Court found that the portion of...more

Free Speech Protects Disparaging Trademarks: Band's Trademark Case May Be Good News for Football's Redskins

by Baker Donelson on

The U.S. Supreme Court held today that the "disparagement clause" of the Lanham Act is unconstitutional, a decision that likely settles the question of whether the Redskins football team's trademarks are registrable amidst...more

Rock Band Assists Washington Redskins to an Offseason Victory

by Baker Donelson on

On June 19, 2017, the Supreme Court of the United States handed down a landmark trademark decision that will pave the way for those with so-called “offensive” or disparaging trademarks to secure federal trademark registration...more

Federal Trademark Applications Can No Longer Be Rejected on Grounds of Disparagement

by Hodgson Russ LLP on

On June 19, 2017, the Supreme Court issued a unanimous ruling striking down a federal statute that prohibited registering a trademark if it disparages “any persons, living or dead.” In Matal v. Tam, the Court ruled that 15...more

Supreme Court Strikes Down Law Banning Offensive Trademark Registrations

by Barley Snyder on

The U.S. Supreme Court on Monday struck down a federal trademark law containing a clause that restricted the federal registration of “disparaging trademarks.”...more

Supreme Court Holds THE SLANTS Can Be Registered as a Trademark: Disparagement Clause Violates the First Amendment

by Morrison & Foerster LLP on

The Supreme Court today brought closure to Simon Tam’s seven-year legal journey seeking to obtain a federal trademark registration for his band name, THE SLANTS. The Court held in Matal v. Tam that the Lanham Act’s ban on...more

Lisa Simpson Provides Media Insights On Major U.S. Supreme Court Trademark Ruling

Orrick partner Lisa Simpson provided commentary this week to a wide range of publications on the U.S. Supreme Court’s much-anticipated ruling in Matal v. Tam, which established that the disparagement clause of federal...more

Celebrity Trademark Watch: Gene Simmons Claims Exclusive Right In Hand Gesture

Earlier this month, KISS guitarist Gene Simmons filed an application with the United States Patent and Trademark Office (“USPTO”) to register the “devil’s horns” hand gesture, which he routinely flashes at rock shows, as a...more

Trademark Newsflash: Supreme Court Strikes Down Disparagement Clause

Since 1946, when the Lanham Act was enacted, the United States Patent and Trademark Office (USPTO) has denied registration of any trademark that “consists of … matter which may disparage [any] persons living or dead….” Today,...more

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