Patent and Trademark

SUPREME COURT RULING: Disparagement Clause of the Lanham Act

By June 19, 2017July 29th, 2025No Comments

SUPREME COURT RULING: The Asian-American rock band originally denied registration for their band name The Slants prevails in their effort to gain U.S. trademark registration. They were originally denied by the U.S. Patent and Trademark Office (USPTO) for violating the disparagement clause of the Lanham Act. This part of the Trademark Act denies federal registrations for trademarks comprising immoral, deceptive or scandalous matter or that might disparage persons or groups or bring them into contempt or disrepute.  In what is certain to be a controversial decision, the Supreme Court today found this to be a violation of free speech. This ruling will most certainly open the door for applicants seeking Federal protection for derogatory marks such as the Redskin football team who in 2014 had their trademarks cancelled for violating the disparagement clause.  #trademarks  #omnilegalgroup #SupremeCourt #USPTO #lanhamact #disparagementclause

Omid Khalifeh

Omid Khalifeh, Founder and Managing Attorney, Omni Legal Group

Omid Khalifeh is a registered patent attorney and the founder of Omni Legal Group, a Los Angeles intellectual property and business law firm. He advises inventors, startups, and established businesses on patent, trademark, copyright, and trade secret strategy, from initial filing through enforcement. He is licensed by the State Bar of California and registered to practice before the United States Patent and Trademark Office.
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