Supreme Court: Lanham Act's Disparagement Clause Unconstitutional in Trademark Registration Denial

摘要

In Matal, Interim Director, United States Patent and Trademark Office v. Tarn [U.S. Sup. No. 15-1293 (6/19/17)], Simon Tarn, lead singer of the rock group "The Slants," chose this moniker in order to "reclaim" the term and drain its denigrating force as a derogatory term for Asian persons.Tam sought federal registration of the mark "THE SLANTS." The Patent and Trademark Office (PTO) denied the application under a Lanham Act provision prohibiting the registration of trademarks that may "disparage ... or bring ... into contemp[t] or disrepute" any "persons, living or dead" under 15 U.S.C. § 1052(a). Tam contested the denial of registration through the administrative appeals process, to no avail. He then took the case to federal court, where the en banc Federal Circuit ultimately found the disparagement clause facially unconstitutional under the First Amendment's Free Speech Clause.