Disparaging Marks

Yesterday, the United States Supreme Court issued its decision in Matal v. Tam where the US Patent and Trademark Office had denied an application for “The Slants” under a Lanham Act provision prohibiting the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons, living or dead.”  The court held that the disparagement clause violates the First Amendment’s Free Speech Clause. (link)