U.S. Supreme Court Holds Trademark Disparagement Clause Unconstitutional

In a decision involving an Asian rock band’s application to register THE SLANTS, the United States Supreme Court today found the Lanham Act’s provisions for refusing registration of “disparaging” trademarks unconstitutional. Affirming the Federal Circuit, the Court held that the disparagement clause violates the First Amendment, as trademarks are private speech, and government regulation of such speech constitutes viewpoint discrimination.