Posts Tagged: disparaging


Ban on ‘Immoral” and ‘Scandalous’ Trademarks Ruled Unconstitutional

After Tam was decided without expressly finding Section 2(a) unconstitutional in its entirety, the Federal Circuit requested additional briefing on the impact of Tam to Brunetti. The …
By Michael Bernet
2 months ago 0

USPTO Navigates New Territory In The Wake of Matal v. Tam

The USPTO issued Examination Guide 01-17 on Monday, June 26, 2017, entitled “Examination Guidance for Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with …

Supreme Court Ruling Opens Door to Additional Constitutional Challenges to the Lanham Act

The Supreme Court ruled that the anti-disparagement clause in the Lanham Act violates the Free Speech Clause in the First Amendment. Matal v. Tam. As a result, …
By Damian R LaPlaca
8 months ago 0

Supreme Court Rocks the Trademark Office in ‘Slants’ Case

After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit …

Industry Reaction to SCOTUS First Amendment Decision in Matal v. Tam

Lauren Emerson, Baker Botts, LLP: "Today’s decision, while not surprising, is momentous, as any decision striking a longstanding legislative provision based on freedom of speech would …
By Gene Quinn & Renee C. Quinn
8 months ago 8

Supreme Court says disparagement clause violates the First Amendment Free Speech Clause

Earlier this morning the United States Supreme Court delivered a much-anticipated decision in Matal v. Tam, the trademark case that asks whether a disparaging trademark can be …
By Gene Quinn
8 months ago 37

Frankly My Dear I Don’t Give a Tam: The Oddball Consequences of In re Tam

The Supreme Court heard oral argument on the cloudy Wednesday morning of January 18, 2017. Although the Justices posed tough questions and intricate hypotheticals to both sides, the tone …

Other Barks & Bites for Wednesday, January 25th, 2017

On the menu this week for Other Barks & Bites, the Supreme Court hears oral arguments in a case challenging the Lanham Act’s disparagement provision, a six-figure …
By Steve Brachmann
1 year ago 1

A Slanted View of Scandalous and Disparaging Trademarks

The Supreme Court has scheduled oral argument in Lee v. Tam for January 18... The genesis of the case is a Portland, Oregon all-Asian-American band called The Slants, …
By Esther Sirotnik
1 year ago 0

ABA files amicus brief in Lee v. Tam to correct errors in trademark law made by Federal Circuit

In the brief, the ABA takes no official opinion on whether the disparagement provisions of the Lanham Act are invalid in the face of constitutionally-protected free speech. …
By Steve Brachmann
1 year ago 3

Supreme Court to decide if disparagement provision in the Lanham Act is invalid under the First Amendment?

Based on the question presented in Lee v. Tam, the Supreme Court made clear that its grant of review is only as to the disparagement provision in …
By Eric Ball & Moira Lion
1 year ago 0

Supreme Court to Consider “Disparaging” Trademarks

The U.S. Supreme Court agreed yesterday to review a Federal Circuit ruling that held unconstitutional a law prohibiting registration of trademarks that “may disparage” people or …

SCOTUS takes case on disparaging trademark case involving Asian-American band The Slants

The USPTO, through its Trademark Trial and Appeal Board (TTAB), denied a standard character mark for “The Slants” to be used with live music performance entertainment on …
By Steve Brachmann
1 year ago 6

Amid Cultural Debate on Political Correctness, Trademarks with Racial Overtones Look Set for Supreme Court

Two cases making their way through the Federal courts may force the Supreme Court to consider the issue of what sorts of trademarks should be considered “disparaging,” …

Offensive Trademark Applications Suspended by USPTO Until Supremes Rule on In re Tam

In anticipation of Supreme Court review of Tam, the Commissioner has issued an informal directive to trademark examiners that any application for a mark that is potentially …
By Ronald Abrams
2 years ago 11