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“Disparagement clause unconstitutional: Will an Asian rock band’s decisive victory in Matal v Tam open the immoral floodgate at the USPTO? Jonathan Hudis explores”

Intellectual Property Magazine By Jonathan Hudis

Below is an excerpt:

On 19 June 2017, the Supreme Court of the US (SCOTUS), in Matal v Tam, 582 US _ (2017), held that the disparagement clause of the Lanham Act, 15 USC § 1052(a), violates the Free Speech clause of the First Amendment of the Constitution on the grounds that it is not content neutral and is therefore viewpoint discriminatory. This decision marked the end of a drawn-out legal battle for the Asian rock band, “The Slants”.


Originally posted in Intellectual Property Magazine, June 29, 2017