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The Slants

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

Photo of Saul Perloff (US)Photo of Andre Hanson (US)Photo of Andrea Shannon (US)
By Saul Perloff (US), Andre Hanson (US) & Andrea Shannon (US) on June 20, 2017

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…

Update: INTA files amicus brief with SCOTUS in Slants case

Photo of Saul Perloff (US)Photo of Andrea Shannon (US)
By Saul Perloff (US) & Andrea Shannon (US) on December 21, 2016

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.…

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Redskins won’t join Slants’ trademark case at SCOTUS

By Mayura Noordyke (US) on October 3, 2016

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.…

UPDATE: SCOTUS will review ban on offensive marks

By Mayura Noordyke (US) on September 29, 2016

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…

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