Supreme Court Rules Offensive Trademark Ban Unconstitutional
As widely reported by Reuters, the New York Times, Law360, the Los Angeles Times, and other media outlets, the U.S. Supreme Court ruled on Monday, June 19, that the federal government’s ban on offensive trademark registrations violates the Free Speech Clause of the First Amendment. The ruling, handed down by the justices in a unanimous decision in Matal v. Tam, effectively extends trademark protection to words and names that may be considered offensive. In re Tam, the rock band The Slants challenged the constitutionality of the ban after the government’s refusal to register the band’s name on the grounds that it was disparaging to people of Asian descent. In the Court’s opinion, the justices wrote that the rule amounted to discrimination based on viewpoints. “We now hold that this provision violates the Free Speech Clause of the 1st Amendment,” Justice Samuel A. Alito Jr. wrote. “It offends a bedrock 1st Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”
The decision, many believe, will also likely preserve the trademark and team name of the Washington Redskins, which saw six trademark registrations cancelled in 2014. The Redskins’ case is currently stayed pending the outcome of the Tam matter before the high court.
