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Constitutional Law Keyed to Feldman
Matal v. Tam
Citation:
137 S. Ct. 1744, 198 L. Ed. 2d 366 (2017)Facts
Simon Tam, the lead singer of dance-rock band called “The Slants” chose the band name to reclaim the anti-Asian slur. His application for the registration of the mark “THE SLANTS” was denied by the Patent and Trademark Office, because a Lanham Act provision prohibiting the registration of trademarks that may “disparage or bring into contempt or disrepute” any “persons.” When deciding whether a trademark is disparaging, an examiner at the PTO generally applies a two-part test: considers the likely meaning of the matter at question; asks whether the meaning may be disparaging to a substantial composite of the referenced group. The PTO has specified that an application’s good intention underlying its use of a term does not make the term less objectionable.
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