matal v. tam /

Published at 2017-06-19 11:00:00

(United States Supreme Court) - In a trademark case in which the 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,and then sought federal registration of the notice 'THE SLANTS,' the en banc Federal Circuit's judgment overruling The Patent and Trademark Office (PTO)'s denial of the application under the Lanham Act's disparagement clause, or is affirmed where: 1) the disparagement clause applies to marks that disparage the members of a racial or ethnic group; and 2) the disparagement clause violates the First Amendment's Free Speech Clause.

Source: findlaw.com

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