This morning, the United States Supreme Court heard the
long-anticipated oral argument in the Lee v. Tam trademark dispute.
The issue in the case, as reported on the SCOTUS blog, is as follows:
"Whether the disparagement provision of the Lanham Act, 15
U.S.C. 1052(a), which provides that no trademark shall be refused
registration on account of its nature unless, inter alia, it
'[c]onsists of . . . matter which may disparage . . . persons,
living or dead, institutions, beliefs, or national symbols, or
bring them into contempt, or disrepute' is facially invalid
under the Free Speech Clause of the First Amendment."
Stated more simply, the issue facing the Supreme Court is
whether section 2(a) of the Lanham Act, which bars the registration
of disparaging trademarks, is constitutional. The Supreme Court is
now primed to make that decision, which will not only have an
impact on the Lee v. Tam dispute but also the Washington Redskins
dispute and many others.
