Tag archives: The Slants

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

Update: INTA files amicus brief with SCOTUS in Slants case

By Andrea Shannon (US) and Saul Perloff (US) on December 21, 2016 Posted in Trademark

On December 16, 2016, the International Trademark Association (“INTA”) filed an amicus brief with the U.S. Supreme Court in support of Simon Tam, founder of the Slants. Lee v. Tam, No. 15-1293, Br. Of Amicus Curiae Int’l Trademark Assoc. INTA—a global association comprising more than 7,000 trademark owners and legal practitioners—urged the Court to uphold … 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