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Implications of U.S. Supreme Court Justices' Comments During 'Slants' Trademark Dispute Oral Arguments
Nearly 70 years after it became law, the U.S. Supreme Court heard arguments in January on whether §2(a) of the Lanham Act violates the First Amendment. The case, Lee v. Tam, 15-1293, focuses on the provision that forbids registration of trademarks that “disparage” people, institutions, beliefs or national symbols. At one level the case is about Asian-American musician Simon Tam's long-running effort to register his band The Slants. The case also could go a long way toward deciding the Washington Redskins' dispute with the U.S. Patent and Trademark Office (USPTO).
In fact, it sounded at times as if the entire trademark registration law was in play.
During oral arguments in the high-profile case Justice Stephen Breyer and most of the other U.S. Supreme Court justices appeared sympathetic to the band in its battle against USPTO. The office refused to register “The Slants” in 2011.
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