Michael Best Partner Luke DeMarte was quoted in Intellectual Property Magazine's article, "Reaction: Matal v Tam will 'open doors' to free speech challenges" on June 20, 2017.
"A federal law forbidding the registration of ‘disparaging’ trademarks violates the First Amendment Free Speech Clause, the Supreme Court of the US (SCOTUS) held yesterday (19 June).
Section 2(a) of the Lanham Act – which prohibits the registration of marks that “may disparage… persons, living or dead, institutions, beliefs or national symbols, or bring them into contempt or disrepute” – discriminates based on “viewpoint” and is thus unconstitutional, it added.
Passing judgment in Matal v Tam formerly In Re Tam, Justice Alito held that section 2 (a) “offends a bedrock First Amendment principle: speech may not be banned on the ground that it expresses ideas that offend.”
To read the entire Intellectual Property Magazine article, click here.