Tag archives: disparaging marks

The Slants Win: SCOTUS rules “Disparaging” trademark provision unconstitutional

By Andrea Shannon (US), Saul Perloff (US) and Andre Hanson (US) on June 20, 2017 Posted in Trademark

On June 19, 2017, the United States Supreme Court issued a much-anticipated decision, holding that the so-called “disparagement clause” of the Lanham Act is an impermissible restriction on free speech under the First Amendment. The ruling is the culmination of years of litigation, and clears the way for Simon Shiao Tam and the Slants to … Continue reading

Redskins won’t join Slants’ trademark case at SCOTUS

By Mayura Noordyke (US) on October 3, 2016 Posted in Trademark

The Supreme Court has refused the Washington Redskins’ request to join The Slants’ case challenging the Lanham Act’s ban on the registration of offensive trademarks. Pro-Football, Inc. v. Blackhorse, Case No. 15-1311 (U.S. Supreme Court’s Order List at 58, Oct. 3, 2016). Last week, the Supreme Court agreed to review The Slants’ case regarding whether … Continue reading

UPDATE: SCOTUS will review ban on offensive marks

By Mayura Noordyke (US) on September 29, 2016 Posted in Trademark

Earlier today, the US Supreme Court agreed to review whether the Lanham Act’s ban on offensive trademarks violates the First Amendment. The high court granted certiorari in the case of The Slants, the Asian American rock band that was denied a trademark registration under Section 2(a) of the Lanham Act. The relevant provision of the … Continue reading

Redskins seek to join Slants case at Supreme Court

By Andrea Shannon (US) on April 29, 2016 Posted in Trademark

While football teams and fans across the country are gearing up for this weekend’s NFL draft, the Washington Redskins will be preparing for another potential showdown—this one at the Supreme Court. The Redskins petitioned the high court on Monday to hear the case over the team’s controversial trademark registrations. Pro-Football, Inc. v. Blackhorse, et. al., … Continue reading

Supreme Court asked to review disparaging trademarks decision

By Andrea Shannon (US) on April 21, 2016 Posted in Trademark

On Wednesday, April 20, 2016, the United States Patent and Trademark Office petitioned the Supreme Court to take up the case on disparaging trademarks. Petition, Michelle K. Lee, Director, United States Patent and Trademark Office, Petitioner v. Simon Shiao Tam, No. 15-1293 (April 20, 2016). The filing comes after the Federal Circuit struck down the … Continue reading

PTO not required to register disparaging trademark until cert deadline passes

By Andrea Shannon (US) on April 14, 2016 Posted in Trademark

In December 2015, the Federal Circuit struck down the “disparagement” clause of §2(a) of the Lanham Act on First Amendment grounds. However, according to a recent ruling from the court, the USPTO is not required to register disparaging trademarks just yet. In re Tam, No. 16-121 (Fed. Cir. Mar. 30, 2016) (denying petition for writ of … Continue reading