Monday, June 19, 2017

Supreme Court strikes down "disparagement clause" of trademark law that was used against Washington. Team will regain their trademark.

The Court has just ruled in Matal v. Tam (effectively the Trademark Office v. Tam) that trademarks cannot be cancelled for being disparaging. Tam is an Asian-American musician who wanted to trademark their band, "The Slants." The trademark office rejected it under a clause in the Lanham Act which allows for the rejection of trademarks that are "disparaging" based on a variety of factors. Tam argued the clause was a violation of the First Amendment, and the Court agrees.

A link to the full opinion:

Snyder et al had their trademark revoked under this same disparagement clause a while back. They sued, but their case has been put on hold pending the Supreme Court's decision here; with this ruling, it is almost assured that Snyder and Washington will regain their trademark rights.

Submitted June 19, 2017 at 10:15AM by mden2013
via reddit

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