Posts Tagged: Matal v. Tam


Supreme Court Asked to Consider Immoral or Scandalous Trademarks

On September 7, 2018, the government filed a petition for writ of certiorari in the case relating to Eric Brunetti’s clothing brand, called FUCT. Although Brunetti has marketed …
By Brian Iverson
7 days ago 1

Matal v. Tam: What’s New and What to Watch in Registration of Disparaging, Immoral, and Scandalous Trademarks

Many other related issues remain ripe for consideration in Brunetti and future cases. Most significantly, are trademarks considered “commercial speech?”  If so, laws relating to trademarks might …
By Brian Iverson
20 days ago 0

Disparaging, Immoral, and Scandalous Trademarks Since Matal v. Tam

A little more than one year ago, the U.S. Supreme Court struck down the Lanham Act’s disparagement clause as unconstitutional in Matal v. Tam, 137 S. …
By Brian Iverson
2 months ago 1

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
1 year 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
1 year 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
1 year ago 37

Our website uses cookies to provide you with a better experience. Read our privacy policy for more information.Accept and Close