disparaging marks

The Confusing Side of Offensive Marks: Matal v Tam’s Implications

The Supreme Court of the United States’ decision in the 2017 case of Matal v Tam (“Matal”) has important implications for trademark law inside and outside of the United States.”  In ruling that the Lanham Act’s “non-disparagement” provision violated the First Amendment, the Court affirmed the decision of the Court of Appeal for the Federal […]

New Developments in Trademark Dispute of Asian-American Rock Band “The Slants” Reignite Free Speech Debate

Recent developments in the ongoing trademark dispute involving Asian American dance rock band “The Slants” have reignited discussion regarding disparaging marks and free speech. Last month the band argued before a U.S. appeals court that the government’s rejection of its trademark application pursuant to “the provision in the Lanham Act that bars disparaging trademarks violates the First Amendment and should be […]