Prohibition of ‘derogatory’ marks held unconstitutional by the Supreme Court

United States of America

The Supreme Court issued a landmark decision in <i>Matal v Tam</i>, unanimously holding the disparagement clause in the Lanham Act unconstitutional on the ground that it violates the First Amendment. This decision upends over 70 years of practice and will likely have an immediate effect on other pending ‘derogatory’ mark cases.


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