Intellectual Property Law

New Matter 2017, Volume 42, Number 3

Ninth Circuit Report

Anne-Marie Dao

Mintz Levin

A LANDMARK SUPREME COURT DECISION ON THE LANHAM ACT AND FREE SPEECH

As summer begins to fade, the battle between the First Amendment and the United States Patent and Trademark Office comes to an end. On June 19, 2017, the Supreme Court issued an opinion in Matal v. Tam,2 answering the question of whether the disparagement clause of the Lanham Act violates the First Amendment’s free speech clause with a resounding yes.

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