In re Tam (The Slants)

Appeal Brief of Appellant Simon Tam for En Banc Hearing

Ronald Coleman

From the National Law Review:

The U.S. Court of Appeals for the Federal Circuit issued a sua sponte order vacating its April 20, 2015, decision in In re Tam to consider the constitutionality of Section 2(a) of the Lanham Act, which provides that the U. S. Patent and Trademark Office (PTO) may refuse to register a trademark that “[c]onsists of or comprises . . . matter which may disparage . . . persons, living or dead, institutions, beliefs, or national symbols . . .” The en banc order appears likely to be the Court’s response to Judge Moore’s “additional views” that were appended to the Court’s April 20 panel decision, which affirmed the Trademark Trial and Appeal Board’s (TTAB’s) refusal to register the mark THE SLANTS, concluding it is disparaging to a substantial portion of people of Asian descent. In re Tam, Case No. 14-1203 (Fed. Cir., Apr. 20, 2015) (Moore, J.) The order requests that the parties file new briefs addressing the question of whether “. . . the bar on registration of disparaging marks in 15 U.S.C. § 1052(a) violates the First Amendment.”

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Reference Info: Appellate Brief | Federal, Federal Circuit, Patent | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Ronald Coleman

Dhillon Law Group, Inc on:

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