
Lee v. Tam
What's at Stake
Whether the Lanham Actās clause banning the registration of ādisparagingā trademarks violates the First Amendment.
Summary
Section 2(a) of the Lanham Act (the ādisparagement clauseā) bars the Patent and Trademark Office from granting registration to any trademark deemed scandalous, immoral, or disparaging to any person, institution, belief, or national symbol. Punk rocker Simon Tam is the founder of the all-Asian American band āThe Slants,ā and sought to register the bandās name. The registration was denied because the PTOās trademark examiner found the bandās name disparaging to Asian Americansāafter the trademark examiner determined the bandās ethnicity.
In an amicus brief filed with a coalition of Asian American advocacy groups, the ³Ō¹ĻÖ±²„, ³Ō¹ĻÖ±²„ of Oregon, and ³Ō¹ĻÖ±²„ of the National Capital Area argued that the disparagement clause violates the First Amendmentās prohibition on government regulation of speech based on viewpoint. On June 19, 2017, the Supreme Court struck down portions of the Lanham Act, holding that The Slantsā First Amendment rights were violated when the government claimed the right to control their speech in exchange for offering a trademark.
Legal Documents
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12/16/2016
Lee v. Tam - Amicus Brief
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06/19/2017
Lee v. Tam - Supreme Court Opinion
Press Releases
³Ō¹ĻÖ±²„ Statement on Supreme Court Ruling in āSlantsā Trademark Case