Research & Analysis

Don't Disparage Me: The Lanham Act after the Slants Decision

Last year the U.S. Supreme Court ruled against the U.S. Patent and Trademark Office stating section 2(a) of the Lanham Act, the section prohibiting trademarks that insult any group, was unconstitutional.

 

The ruling came in a case that involved an Asian American rock group called the Slants, which tried to register the band’s name in 2011. The band was turned down by the U.S. Patent and Trademark Office because of a law against registering trademarks that are likely to disparage people or groups.

 

This session would examine the new trademark rules related to disparaging or offensive marks.

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Idea No. 188