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December 22, 2016 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court
Posted in: S&H IP Blog | U.S. Supreme Court
Lee v. Tam : Disparaging Trademarks versus Freedom of Speech
On September 29, 2016, the Supreme Court of the United States (“Supreme Court”) granted certiorari in Lee v. Tam to consider whether the disparagement provision of the Lanham Act, 15 U.S.C. 1052(a), which says that no trademark shall be denied registration on account of its nature unless it “consists of … matter which may disparage… persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute” is facially invalid under the Free Speech Clause of the First Amendment.