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Keywords

appealpatenttrademarkdiscrimination

patenttrademark

Related Cases

Matal v. Tam, 582 U.S. 218, 137 S.Ct. 1744, 198 L.Ed.2d 366, 85 USLW 4389, 122 U.S.P.Q.2d 1757, 45 Media L. Rep. 1849, 17 Cal. Daily Op. Serv. 5756, 2017 Daily Journal D.A.R. 5793, 26 Fla. L. Weekly Fed. S 686

Facts

Simon Tam, the lead singer of the rock band 'The Slants,' sought federal trademark registration for the band's name, which is a derogatory term for people of Asian descent. The Patent and Trademark Office (PTO) denied the application based on the Lanham Act's disparagement clause, which prohibits registration of marks that may disparage any persons. Tam contested this decision through the administrative appeals process and ultimately took the case to federal court. The en banc Federal Circuit found the disparagement clause to be facially unconstitutional under the First Amendment's Free Speech Clause.

Simon Tam, 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. Tam sought federal registration of the mark 'THE SLANTS.' The Patent and Trademark Office (PTO) denied the application under a Lanham Act provision prohibiting the registration of trademarks that may 'disparage … or bring … into contempt or disrepute' any 'persons, living or dead.'

Issue

Is the disparagement clause of the Lanham Act, which prohibits federal trademark registration for marks that may disparage any persons, facially unconstitutional under the First Amendment?

Rule

The disparagement clause of the Lanham Act, prohibiting federal trademark registration for marks that might disparage any persons, living or dead, was facially invalid under First Amendment protection of speech.

Analysis

The court analyzed whether the disparagement clause constituted viewpoint discrimination. It concluded that the clause restricts speech based on the ideas expressed, as it allows for the registration of positive marks while denying registration to derogatory ones. This selective restriction on speech based on its content violates the First Amendment. The court emphasized that trademarks are private speech, not government speech, and thus the government cannot impose restrictions that favor certain viewpoints.

The disparagement clause violates the First Amendment's Free Speech Clause. Contrary to the Government's contention, trademarks are private, not government, speech. Because the 'Free Speech Clause … does not regulate government speech,' the government is not required to maintain viewpoint neutrality on its own speech.

Conclusion

The Supreme Court held that the disparagement clause of the Lanham Act is facially invalid under the First Amendment, affirming the lower court's ruling.

We now hold that this provision violates the Free Speech Clause of the First Amendment. It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.

Who won?

The Supreme Court ruled in favor of Simon Tam, affirming that the disparagement clause of the Lanham Act violates the First Amendment. The court reasoned that the government cannot deny trademark registration based on the content of the speech, as doing so constitutes viewpoint discrimination. This ruling underscores the principle that speech may not be banned simply because it expresses ideas that some may find offensive.

The judgment is affirmed. The disparagement clause violates the First Amendment's Free Speech Clause.

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