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Supreme Court disparages ban on offensive trademarks

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SKU: IIPye171. Category: .

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Abstract: What’s offensive is often in the eye of the beholder. Where federal trademark registration is sought, this has long meant that registration could be denied if the mark was considered disparaging. This article examines a landmark 8-0 decision in which the U.S. Supreme Court struck down the so-called “disparagement clause” in federal trademark law, opening the door to the registration of marks that may have been rejected as offensive in the past. A sidebar looks at how the Court handled the question of whether trademarks are commercial speech. Matal v. Tam, No. 15-1293, June 19, 2017 (U.S.)

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