Supreme Court Says Rule Against Potentially Offensive Trademarks Is Unconstitutional

When Simon Tam, the Asian-American singer for The Slants, tried to register a trademark for his band’s name, it was refused due to it containing an offensive term. Tam chose the name in an effort to reclaim the slur. He decided to file a lawsuit in 2015 and won in the United States Court of Appeals. Now the Supreme Court has affirmed that ruling, negating the provision in the Lanham Act.

Justice Samuel Alito, who wrote the opinion, said of the provision:

“It offends a bedrock First

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