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Constitutional Law Keyed to Choper
Matal v. Tam
Citation:
582 U.S. 218 (2017)Facts
Simon Tam is the lead singer of an Asian-American dance-rock band called “The Slants.” Tam chose this name to “reclaim” and “take ownership” of stereotypes about people of Asian ethnicity. The band draws inspiration for its lyrics from childhood slurs and has album names like “The Yellow Album” and “Slanted Eyes, Slanted Hearts.” When Tam sought federal registration of “THE SLANTS” as a trademark, an examining attorney at the PTO rejected the request under the disparagement clause of the Lanham Act, finding that a substantial composite of persons of Asian descent would find the term offensive. The examining attorney relied on dictionary definitions of “slants” as a derogatory term and cited instances where performances had been canceled due to the band’s name. Tam contested the denial before the examining attorney, the TTAB, and eventually in federal court, where the en banc Federal Circuit ultimately found the disparagement clause facially unconstitutional under the First Amendment.
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