SCOTUS Protects Offensive Trademarks Pursuant to First Amendment – New Jersey Law Journal
New Jersey Law Journal
Lori Ann Buza co-authored an article entitled “SCOTUS Protects Offensive Trademarks Pursuant to First Amendment.” The article was published in the New Jersey Law Journal on August 28, 2017. Buza analyzed the impact of the United States Supreme Court decision to strike down the “disparagement clause” provision of the Lanham Act in the case, Matal v. Tam. She explained that the Court’s holding, decided on June 19, 2017, championed the principals of the Free Speech Clause to the First Amendment. In the Matal v. Tam case, a rock band was seeking the trademark, “The Slants,” which to many was considered offensive and was denied pursuant to the disparagement clause of the federal trademark law. But Buza’s article explains how and why the Supreme Court found the disparagement clause to be unconstitutional. As Buza explains, the Court’s ruling broadly interprets the First Amendment to the Constitution, giving the right of applicants to obtain even “offensive” trademarks
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