The Potential Reach Of High Court's New Slant On Trademarks

Law360, New York (July 5, 2017, 11:56 AM EDT) -- Matal v. Tam holds 15 U.S.C. 1052(a) unconstitutional under the First Amendment’s Free Speech Clause, as it related to trademarks deemed to be disparaging to, inter alia, groups of people (“any person, living or dead”). The opinion, which affirms the Federal Circuit’s reversal of the Trademark Trial and Appeal Board’s refusal of registration to the mark “The Slants” for, inter alia, entertainment services, does not directly address other bars to registration, including the same section’s prohibition against registration of marks deemed to be “immoral” or “scandalous,”...
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