Mark Sommers on Matal v. Tam

On June 19, 2017, the Supreme Court handed down its decision in Matal v. Tam, which considered the federal trademark act’s (known as the "Lanham Act") prohibition against registering trademarks comprised of disparaging names. In that case, "The Slants," an Asian-American band, were refused a trademark based on the potentially-offensive nature of the name. The Supreme Court ruled that prohibiting the registration of offensive trademarks is unconstitutional and violates the First Amendment. In this podcast, Finnegan partner Mark Sommers discusses the Supreme Court’s decision.