On June 19, 2017, the Supreme Court unanimously held that Section 2(a) of the Lanham Act (15 U.S.C. §1052(a)), the provision of federal trademark law barring registration of disparaging trademarks, violates the First Amendment’s Free Speech Clause when applied to potentially disparaging or offensive trademarks. Matal v. Tam, 582 U.S. ____ (2017).

Case Background