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June 2017 Archives

U.S. Supreme Court Drums Out the Prohibition of Disparaging Trademarks--Free Speech Rocks On

In Matal v. Tam, the United States Supreme Court struck down a provision of the Lanham Act that barred registration of disparaging trademarks, such as trademarks using racist or offensive messages. The provision is codified under 15 U.S.C. § 1052(a) and states in relevant part that one may not register a trademark that "disparage[s]...or bring[s]...into contemp[t] or disrepute" any "persons, living or dead."

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