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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. ยง 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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