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Firm Insights
Matal v. Tam:
The Supreme Court Rejects the Prohibition on Disparaging Trademarks
June 22, 2017
The Supreme Court Rejects the Prohibition on Disparaging Trademarks
June 22, 2017
On June 19, 2017, in Matal v. Tam, the U.S. Supreme Court affirmed a Federal Circuit decision, holding that Section 2(a) of the Lanham Act, which prohibits the USPTO from registering disparaging trademarks (“disparagement clause”), violates the Free Speech clause of the First Amendment of the U.S. Constitution, and is therefore unconstitutional. Not only does this decision impact communities seeking to reappropriate historically derogative terms, but it also impacts a wide range of ongoing trademark disputes and represents a significant victory for free speech advocates.
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